Subscribe: LexisNexis® Mealey's™ Class Actions Legal News
http://www.lexisnexis.com/mealeys/rss/legalnews_classactions.xml
Added By: Feedage Forager Feedage Grade B rated
Language: English
Tags:
action  calif  california federal  california  claims  court  dist lexis  dist  federal judge  federal  judge  lexis  march 
Rate this Feed
Rate this feedRate this feedRate this feedRate this feedRate this feed
Rate this feed 1 starRate this feed 2 starRate this feed 3 starRate this feed 4 starRate this feed 5 star

Comments (0)

Feed Details and Statistics Feed Statistics
Preview: LexisNexis® Mealey's™ Class Actions Legal News

LexisNexis® Mealey's™ Class Actions Legal News



Headline Class Actions Legal News from LexisNexis®



 



7th Circuit Reinstates Barnes & Noble Data Theft Class Suit, Finds Damages
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on April 11 reinstated a proposed class complaint accusing a bookstore chain of failing to protect customers' personal data when it fell victim to data theft, ruling that the trial court erred when it dismissed two customers' allegations on the ground that they failed to adequately allege compensable damages (Heather Dieffenbach, et al. v. Barnes & Noble, Inc., No. 17-2408, 7th Cir., 2018 U.S. App. LEXIS 9051).



Federal Judge Dismisses Labeling Class Claims Against Veggie Straw Maker
SYRACUSE, N.Y. - In spite of the plaintiffs' claims that the depiction of vegetables on the front of Garden Veggie Straws snacks when those vegetables are not actually in the snacks is "a modern example of food fraud," a New York federal judge on April 17 granted a motion to dismiss by the snack maker, opining that the plaintiffs' allegations are insufficient to show that a reasonable consumer would believe that the processed snack would provide the same health benefits as the whole vegetables (John Solak, et al. v. The Hain Celestial Group, Inc., No. 17-704, N.D. N.Y., 2018 U.S. Dist. LEXIS 64270).



2 Loews Entities Dismissed In Class Suit Over Mandatory Tips
MIAMI - A Florida federal judge on April 13 dismissed two Loews defendants from a class complaint accusing the hotel chain of not properly disclosing that it charges mandatory tips on food and drinks and ordered the lead plaintiff to make some changes in his second amended complaint to be filed by April 20 (Michael Fox v. Loews Corporation, et al., No. 17-24507, S.D. Fla., 2018 U.S. Dist. LEXIS 63721).



Class Suit Over Unsolicited Calls From Allstate Survives Motion To Dismiss
CHICAGO - An Illinois federal judge on April 17 declined to dismiss a class complaint accusing an insurance company of violating the Telephone Consumer Protection Act (TCPA) by placing automated, unsolicited phone calls to cell phones, ruling in part that the injuries are personal and distinct because each call is "a violation" of the recipients' privacy that is "personally felt by that victim" and that tangible, economic harm is not required (Reid Postle, et al. v. Allstate Insurance Company, No. 17-7179, N.D. Ill., 2018 U.S. Dist. LEXIS 64599).



Reconsideration Of Partial Dismissal In Jani-King Wage Suit Denied
NEW HAVEN, Conn. - A Connecticut federal judge on April 9 denied a motion to reconsider his March 31 decision granting in part a motion to dismiss filed by a cleaning company franchisor in a class complaint over its deductions for fees (Simon Mujo, et al. v. Jani-King International, Inc., et al., No. 16-1990, D. Conn., 2018 U.S. Dist. LEXIS 62059).



Claims Narrowed In Defective Electrolux Self-Cleaning Oven Class Suit
FRESNO, Calif. - The plaintiffs in a class suit accusing Electrolux Home Products Inc. of advertising a self-cleaning feature for its ovens while knowing that the use of the feature will ruin the thermostat may proceed only with their unjust enrichment claim, a California federal judge ruled April 13, dismissing the plaintiffs' other claims under California law for being insufficiently pleaded, including one for violation of that state's unfair competition law (UCL) (Shelly Stewart, et al. v. Electrolux Home Products, Inc., No. 17-1213, E.D. Calif., 2018 U.S. Dist. LEXIS 63078).



Claims Trimmed In Overdraft Banking Fees Class Suit Against Navy FCU
SAN DIEGO - Two consumers accusing a bank of improperly charging overdraft fees when sufficient funds are available in customers' accounts may proceed with their breach of contract and conversion claims, a California federal judge ruled on April 12, dismissing the plaintiffs' other claims and granting leave to amend (Jenna Lloyd, et al. v. Navy Federal Credit Union, No. 17-1280, S.D. Calif., 2018 U.S. Dist. LEXIS 62404).



Majority Affirms Dismissal Of Class Action Alleging Franchisor Was Deceptive
CHICAGO - A majority of the Seventh Circuit U.S. Court of Appeals on April 10 affirmed a lower federal court's dismissal of a putative class action alleging that a franchisor committed unfair and deceptive business practices by advertising and selling one-hour massages that lasted only 50 minutes (Kathy Haywood, et al. v. Massage Envy Franchising, LLC, No. 17-2402, 7th Cir., 2018 U.S. App. LEXIS 8982).



Demurrer, Motion To Strike Denied In Women's Gender Bias Complaint Against Google
SAN FRANCISCO - A California state judge on March 27 overruled a demurrer and denied an alternative motion to strike filed by Google LLC in a class complaint accusing the company of gender-based wage discrimination and violation of California's unfair competition law (UCL) (Kelly Ellis, et al v. Google, LLC, No. CGC-17-561299, Calif. Super., San Francisco Co.).



Panel: Settlement With Staffing Company Bars Class's Claims Against Solutions Company
LOS ANGELES - A California appeals panel on April 16 ruled that a class of workers who sued a staffing agency for wage violations and settled those claims may not now succeed on identical claims against the company where they had been placed to work (Andrew Castillo, et al. v. Glenair, Inc., No. B278239, Calif. App., 2nd Dist., Div. 2, 2018 Cal. App. LEXIS 338).



Frito-Lay Agrees To Settle Pre-Employment Checks Class Claims For $2.4 Million
SAN FRANCISCO - The lead plaintiff in a class complaint in a California federal court accusing Pepsico Inc., Frito-Lay Inc. and a background check company of violations of the Fair Credit Reporting Act (FCRA) moved April 12 for preliminary approval of a $2.4 million settlement reached with Frito-Lay (Marcus Chism, et al. v. Pepsico, Inc., et al., No. 17-152, N.D. Calif.).



Settlement Approved In Suit Seeking Captioning For Pepsi Center Sporting Events
DENVER - A Colorado federal judge on April 13 signed off on a settlement reached between a class of hearing-impaired patrons and Kroenke Arena Co. LLC (KAC) in a class complaint seeking open captioning at sporting events held at the Pepsi Center in Denver (Kirstin Kurlander, et al. v. Kroenke Arena Company, LLC, No. 16-2754, D. Colo., 2018 U.S. Dist. LEXIS 62863).



Mexican Restaurant Chain Settles Wage Class Claims For $3.6 Million
NEW YORK - A New York federal magistrate judge on April 13 granted final approval of a $3.6 million settlement to be paid to "tipped workers" who have been employed by Rosa Mexicano restaurants around the county (Edwin Suarez, et al. v. Rosa Mexicano Brands Inc., et al., No. 16-5464, S.D. N.Y., 2018 U.S. Dist. LEXIS 63562).



Jobs, Monetary Awards Proposed In Target Biased Hiring Settlement
NEW YORK - An April 5 motion for preliminary approval of a class action settlement, filed on the same day as the class complaint in a New York federal court, proposes that Target Corp. will provide jobs or monetary relief to a class of black and Latino job applicants eliminated from consideration by the company's criminal background checks (Carnella Times, et al. v. Target Corporation, No. 18-2993, S.D. N.Y.).



Investor Seeks Preliminary Approval Of $9M Securities Class Action Settlement
MARSHALL, Texas - A federal judge should grant preliminary approval of a $9 million settlement agreement in a securities class action lawsuit against a Chinese carrier-neutral internet data center services provider and certain of its current and former senior executives over their involvement in a "round-tripping" revenue inflation scheme because the settlement is fair and reasonable and meets all statutory requirements for approval, the lead plaintiff in the action argues in an April 9 motion for preliminary approval of settlement filed in Texas federal court (Ranjit Singh v. 21Vianet Group Inc., et al., No. 14-0894, E.D. Texas.).



Pipeline Contractor To Pay $10M To Shareholders' Stock Drop Claims
HOUSTON - An infrastructure contractor serving the oil, gas, refinery, petrochemical and power industries will pay $10 million to settle claims that it and certain of its current and former executive officers improperly accounted for two pipeline construction projects and misstated its financial earnings as a result, according to a motion for preliminary approval of settlement and stipulation of settlement filed in Texas federal court on April 13 (In re Willbros Group Inc. Securities Litigation, No. 14-3084, S.D. Texas).



Judge Certifies Illinois Users Class In Facial Scan Privacy Suit
SAN FRANCISCO - A group of Illinois Facebook Inc. users were handed another victory April 16, as a California judge certified one of the proposed classes in their lawsuit, in which they claim that the social network operator violated the Illinois Biometric Information Privacy Act (BIPA) by collecting users' facial scans in connection with a photo-tagging feature (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif., 2018 U.S. Dist. LEXIS 63930).



Class Certification Denied In Suit Claiming Prison Calls Were Not Private
SAN DIEGO - A California federal judge on April 12 declined to certify a class of inmates and attorneys whose phone calls were allegedly eavesdropped on and/or recorded by the company providing inmate communication services, Securus Technologies Inc., finding that the plaintiffs bringing the lawsuit failed to show that a class action is a superior method for proceeding with their claims (Juan Romero, et al. v. Securus Technologies, Inc., No. 16-1283, S.D. Calif., 2018 U.S. Dist. LEXIS 63084).



Oklahoma Panel Vacates Class Certification Over Agency's Liens For Elder Care
OKLAHOMA CITY - A trial court judge in Oklahoma erred when certifying a subclass for residents who received in-patient nursing home care and whose homesteads were subject to liens imposed by the Oklahoma Health Care Authority (OHCA) because the subclass lacked adequate representation and a sufficient number of class members, a state appeals panel ruled April 11 in vacating a ruling granting class certification (Joan Ellen Morehead, et al. v. Oklahoma, ex rel. Oklahoma Health Care Authority, No. 115711, Okla. App., 3rd Div., 2017 Okla. Civ. App. LEXIS 67).



Class Certified In Duke University ERISA Suit Over Excessive Fees
GREENSBORO, N.C. - A North Carolina federal judge on April 13 granted a motion to certify a class of current and former participants in a Duke University retirement plan who sued alleging excessive fees and the inclusion of imprudent investment funds (David Clark, et al. v. Duke University, et al., No. 16-1044, M.D. N.C., 2018 U.S. Dist. LEXIS 62532).



Judge Refuses To Certify Franchisees' Proposed Classes Over 2013, 2015 Faxes
ORLANDO, Fla. - A federal judge in Florida on April 5 denied a motion to certify two classes for franchisees of the Wyndham Hotel Group over faxes they received in 2013 and 2015 from a safe company accused of violating the Telephone Consumer Protection Act of 1991 (TCPA), finding that the issue of whether the hotels consented to receive the faxes predominated over classwide issues (Gorss Motels Inc., et al. v. Safemark Systems LP, No. 16-cv-01638-Orl-31DCI, M.D. Fla., 2018 U.S. Dist. LEXIS 58111).



Remand Denied In Worker's Wage Class Suit Against Energy Supplier
SANTA ANA, Calif. - A former door-to-door salesman who brought a wage class complaint against his former employer in a California state court failed to show that the conduct of the only California entity named as a defendant formed a "significant" basis for the claims he asserted, a California federal judge ruled April 12 denying a motion to remand (Daniel Evangelista v. Just Energy Marketing Corp., et al., No. 17-2270, C.D. Calif., 2018 U.S. Dist. LEXIS 62381).



Pennsylvania Federal Judge Rules That UberBLACK Drivers Aren't Employees
PHILADELPHIA - Drivers working for Uber Technologies Inc.'s car service who filed a wage-and-hour class complaint failed to show that they are employees under the factors established in Donovan v. DialAmerica Marketing, Inc., 757 F.2d 1376 (3d Cir. 1985), a Pennsylvania federal judge ruled April 11, granting the defendant's motion for summary judgment (Ali Razak, et al. v. Uber Technologies, Inc., et al., No. 16-573, E.D. Pa., 2018 U.S. Dist. LEXIS 61230).



Texas Man Opposes California Centralization Of Facebook Data-Sharing Suits
WASHINGTON, D.C. - Opposing a motion seeking consolidation in California of the growing tally of class actions over the recently revealed incident in which millions of Facebook Inc.'s users' profile information was shared with a third-party analytics firm, a Texas man on April 5 filed a brief in the Judicial Panel for Multidistrict Litigation (JPMDL) suggesting that his home state would make a better venue (In re Facebook User Profile Litigation, No. 2843, JPMDL).



Class Of Chicago Aviation Officers Sues After Being Stripped Of Job History
CHICAGO - Three Chicago aviation security officers filed a class complaint on April 11 in an Illinois federal court, alleging that their constitutional rights were violated when, following an incident on a United Airlines flight in which a passenger was dragged off a plane, they were retroactively stripped of their status as bona-fide law enforcement officers (LEOs) (Keia Yates, et al. v. State of Illinois, et al., No. 18-2613, N.D. Ill.).



Putative Class Sues 3M, Others For Water Contamination From Firefighting Chemicals
BOSTON - Massachusetts residents on April 18 filed a putative class action against The 3M Co. and others in federal court, seeking more than $5 million for personal injuries they allege were caused by aqueous film forming foam (AFFF) the defendants manufactured and used at a training facility for firefighters, which has leaked into the local drinking water (Christine Civitarese, et al. v. The 3M Co., et al., No. 18-10747, D. Mass.).



Amended Complaints Ordered In Children's Privacy Suits Against Disney, Viacom
SAN FRANCISCO - In an April 6 minute order, a California federal judge ordered that amended complaints be filed in three related class actions brought against The Walt Disney Co., Viacom Inc. and others under the Children's Online Privacy Protection Act (COPPA) related to game apps, voicing possible concerns about the claims' viability (Amanda Rushing, et al. v. The Walt Disney Company, et al., No. 3:17-cv-04419, N.D. Calif.; Amanda Rushing, et al. v. Viacom Inc., et al., No. 3:17-cv-04492, N.D. Calif.; Michael McDonald, et al. v. Kiloo ApS, et al., No. 3:17-cv-04344, N.D. Calif.).



Home Depot 401(k) Plan Participants Seek More Than $140M For Alleged Plan Losses
ATLANTA - In an April 12 class action complaint filed in Georgia federal court, participants in The Home Depot's 401(k) retirement plan allege that Home Depot breached its fiduciary duties under the Employee Retirement Income Security Act by mismanaging the company's 401(k) retirement plan at a cost of more than $140 million in losses to plan participants (Jaime H. Pizarro, et al. v. The Home Depot Inc., et al., No. 18-1566, N.D. Ga.).



False Advertising, Contamination, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging falsely advertised doughnuts, contamination from firefighting training exercises, improper collection of post-payment interest and injury from an eye serum.



Judge Finds Expert's Survey Shows Local Controversy Exception Is Applicable
ST. LOUIS - A federal judge in Missouri on March 21 remanded four consolidated class action suits over the move of the St. Louis Rams football team from Missouri to Los Angeles, finding that an expert's survey sufficiently shows that the local controversy exception to the Class Action Fairness Act (CAFA) is applicable because the results show that more than two-thirds of the proposed class are Missouri citizens (Ronald McAllister, et al v. St. Louis Rams LLC, Nos. 16-cv-172, Envision LLC, et al. v. St. Louis Rams LLC,16-cv-262, Richard Arnold, et al. v. St. Louis Rams LLC, 16-cv-297, James Pudlowski, et al. v. St. Louis Rams LLC,16-cv-189, E.D. Mo., 2018 U.S. Dist. LEXIS 48771).



Hepatitis Infections Cases Removed As A Mass Action Are Sent Back To State Court
BECKLEY, W.Va. - More than 100 cases that were consolidated in state court only for discovery were improperly removed to a West Virginia federal court as a mass action, a federal judge ruled April 2, granting the plaintiffs' motions to remand (W.B., et al. v. Raleigh Heart Clinic, Inc., et al., No. 18-100, S.D. W.Va., 2018 U.S. Dist. LEXIS 55932).



Supreme Court Allows Securities Class Actions To Remain In State Courts
WASHINGTON, D.C. - In a unanimous opinion, the U.S. Supreme Court on March 20 ruled that securities class actions brought pursuant to the Securities Act of 1933 may be brought in state court and are not preempted by the Securities Litigation Uniform Standards Act (SLUSA), (Cyan Inc. v. Beaver County Employees Retirement Fund, et al., No. 15-1439, U.S. Sup.).



Oral Arguments Heard In Securities Suit Challenging American Pipe Reach
WASHINGTON, D.C. - The U.S. Supreme Court on March 26 heard oral arguments in an appeal of a Ninth Circuit U.S. Court of Appeals ruling that the Supreme Court's decision in 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.).



U.S. Supreme Court Won't Hear TCPA Class Appeal Challenging Bais Yaakov
WASHINGTON, D.C. - The U.S. Supreme Court on March 19 denied a petition for writ of certiorari filed by a chiropractic clinic challenging a denial of class certification in a junk fax case by a split Sixth Circuit U.S. Court of Appeals panel in which the majority ruled that Bais Yaakov of Spring Valley v. FCC is "binding" in all federal courts (Sandusky Wellness Center, LLC v. ASD Specialty Healthcare, Inc., No. 17-803, U.S. Sup.).



U.S. Supreme Court Refuses To Hear Flint Water Crisis Cases Related To Federal Law
WASHINGTON, D.C. - The U.S. Supreme Court on March 19 denied certiorari in three consolidated cases involving the Flint, Mich., lead-contaminated water crisis, in which the petitioners had contended that the claims brought by residents who said they had been injured were preempted by the Safe Drinking Water Act (SDWA), 42 U.S.C. 300f (Daniel Wyant, et al. v. Melissa Mays, et al., No. 17-901, Jeff Wright, et al. v. Melissa Mays, et al., No. 17-666, and City of Flint, et al. v. Beatrice Boler, et al., No. 17-989, U.S. Sup.).



California Federal Judge Won't Consolidate 2 Soy-Wire Complaints Against Toyota
SACRAMENTO, Calif. - A California federal judge on March 30 denied a motion by Toyota Motor Sales U.S.A. Inc. to consolidate two cases over the use of soy-based wiring in its vehicles that allegedly attracts rodents and declined an alternative request to stay the second case filed, finding that the actions "lack substantial similarity" (Melinda Espineli, et al. v. Toyota Motor Sales U.S.A., Inc., et al., No. 17-698, E.D. Calif., 2018 U.S. Dist. LEXIS 54976).



Piggybacking Of Race Bias Charges Rejected; Class Claims Struck By Federal Judge
PHILADELPHIA - A Wells Fargo Bank N.A. branch manager who brought his racial bias claims in federal court within the 90-day window after he was issued a right-to-sue letter may proceed with most of his individual claims, but not his class ones, a Pennsylvania federal judge ruled in a March 28 memorandum in which he also rejected another Wells Fargo manager's attempt to piggyback her claims several years after she filed her discrimination charges with the Equal Employment Opportunity Commission (Frank Hightower, et al. v. Wells Fargo Bank, N.A., No. 17-4119, E.D. Pa., 2018 U.S. Dist. LEXIS 51697).



Pro Se Football Fan's Class Claims Over Denied Entry Due To Clothing Are Struck
CHICAGO - An Illinois federal judge on March 30 struck class claims brought by a pro se litigant who alleges that he was improperly denied entry to a pregame event by the Chicago Bears Football Club Inc. due to his clothing choices and dismissed claims against the National Football League (NFL), but allowed the plaintiff to file an amended complaint and proceed with his First Amendment to the U.S. Constitution claim against the Bears (Russell Beckman v. Chicago Bear Football Club, Inc., et al., No. 17-4551, N.D. Ill., 2018 U.S. Dist. LEXIS 55140).



Chemours Workers May Proceed With Class Claims Alleging Poor Severance Offers
WILMINGTON, Del. - A Delaware Superior Court judge on March 26 denied a chemical company's motion to dismiss a wage claim brought by three former workers in a class complaint accusing the defendant of providing a better severance package only after it already convinced a class of workers to take a subpar deal, finding that the workers have brought a timely claim seeking a "wage supplement" (Mark Girardot, et al. v. The Chemours Company, No. N17C-10-148 MMJ, Del. Super., 2018 Del. Super. LEXIS 135).



Products Liability Claims Trimmed From Class Suit Over Staining By Tide Pods
NEW YORK - A New York federal judge on March 14 dismissed without prejudice products liability claims in a class complaint by consumers accusing The Procter & Gamble Co. and The Procter & Gamble Distributing LLC (collectively, P&G) of selling laundry detergents pods that left noticeable stains on their clothing, but left standing that the remaining claims and denied an alternate motion to strike class allegations (Lisa Guariglia, et al. v. The Procter & Gamble Company, et al., No. 15-4307, E.D. N.Y., 2018 U.S. Dist. LEXIS 42861).



Judge Finds Fact Issues Exist On Brake Defects, Dismisses Warranty Claims
ROCHESTER, N.Y. - A New York federal judge on March 26 granted a vehicle maker's motion for summary judgment on a consumer's class action claims for breach of warranty, finding that alleged defects in a brake system related to design and not a manufacturing defect, but declined to dismiss her claims for violation of New York law (Anne Marie Haag v. Hyundai Motor America, No. 12-CV-6521L, W.D. N.Y., 2018 U.S. Dist. LEXIS 49615).



Volvo Safety Feature Class Suit Dismissed With No Leave To Amend
PHILADELPHIA - A Pennsylvania federal judge on March 26 declined to give a Pennsylvania woman a fourth opportunity to amend her class complaint accusing a car maker of misrepresenting a safety feature on a particular model of its sedans made over a span of six years, finding that it would be futile, and dismissed the claims with prejudice (Ana Webb, et al. v. Volvo Cars of N.A., LLC, et al., No. 13-2394, E.D. Pa., 2018 U.S. Dist. LEXIS 49095).



Judge Finds Implied Warranty Claim Against Trim Maker Untimely
CONCORD, N.H. - A federal judge in New Hampshire on March 19 dismissed a breach of implied warranty claim against an exterior trim maker accused of selling a defective product, holding that the claim is not subject to the doctrines of equitable tolling or fraudulent concealment (Brian Begley, et al. v. Windsor Surry Co., et al., No. 17-cv-317, D. N.H., 2018 U.S. Dist. LEXIS 44062).



Class Complaint Over Facebook's Tag Suggestions Feature Again Dismissed
SAN FRANCISCO - An Illinois man who alleged biometric privacy violations in Facebook Inc.'s facial recognition technology saw his putative class claims disposed of for a second time April 3, as a California federal judge found that the plaintiff failed to show that a genuine dispute existed as to the technology that was used on the relevant social network page (Frederick William Gullen v. Facebook Inc., No. 3:16-cv-00937, N.D. Calif.).



Connecticut Federal Judge Narrows Jani-King Franchisees' Wage-And-Hour Class Claims
NEW HAVEN, Conn. - A cleaning company franchisor's deductions for fees from franchisees are not wages under Connecticut state law, but the franchisees' nonrefundable franchise fees and other various fees may constitute improper payments under state law, a Connecticut federal judge ruled March 31, allowing an unjust enrichment claim to proceed in a proposed class action by franchisees (Simon Mujo, et al. v. Jani-King International, Inc., et al., No. 16-1990, D. Conn., 2018 U.S. Dist. LEXIS 55156).



Nuisance, Trespass Class Claims Against Pokemon GO Creator May Proceed
SAN FRANCISCO - In a March 29 minute order, a California federal judge denied a motion by Niantic Inc., the developer of Pokemon GO, to dismiss a putative class action alleging that the firm's placement of virtual game items on or near private properties has led to real-world nuisance and trespass (In re Pokemon GO Nuisance Litigation, No. 3:16-cv-04300, N.D. Calif.).



Judge Refuses To Dismiss Consumer's Claims Related To Natural Candy Labeling
LOS ANGELES - A California federal judge on March 19 refused to dismiss a consumer's class action claims for violation of California's unfair competition law (UCL), breach of express warranty and other causes of action in relation to a candy maker's natural flavoring label, finding that challenges to the consumer's ability to bring a nationwide class were premature and that she adequately pleaded economic harm and other claims (Liza Arabian v. The Organic Candy Factory, et al., No. 2:17-cv-05410, C.D. Calif., 2018 U.S. Dist. LEXIS 45833).



Federal Judge Finds Pepsi Labels Were Not Deceiving, Dismisses Class Claims
SAN JOSE, Calif. - After finding that a reasonable consumer would not likely believe that various Pepsi products do not contain artificial ingredients and flavors, a California federal judge on March 29 granted the soda maker's motion to dismiss claims against it for violation of California's unfair competition law (UCL) and other California laws (Amy Maxwell v. Unilever United States Inc., et al., No. 5:12-cv-01736, N.D. Calif., 2018 U.S. Dist. LEXIS 54222).



9th Circuit Finds Purchaser Sufficiently Pleaded Defect Claims Against BMW
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on March 22 reversed a district court's ruling dismissing claims for breach of warranty and violation of California's unfair competition law asserted against a vehicle maker, finding that a purchaser sufficiently alleged that brake defects pose a substantial safety hazard and that the maker had a safety-based duty to disclose potential hazards (Norik Barakezyan v. BMW of North America LLC, et al., No. 16-56094, 9th Cir., 2018 U.S. App. LEXIS 7230).



9th Circuit Upholds Sanctions In Nurses' Wage Class Lawsuit
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on March 19 upheld sanctions against the attorneys representing two nurses in a wage-and-hour lawsuit against their former employer, finding that under Federal Rule of Civil Procedure 37, a court may order a party to produce its nonparty expert witness and sanction the party's counsel if the witness fails to appear (Marlyn Sali, et al. v. Corona Regional Medical Center, et al., No. 15-56389, 9th Cir., 2018 U.S. App. LEXIS).



California Federal Judge Expands Injunction Against Gang Injunctions To Class
LOS ANGELES - A California federal judge on March 15 granted a motion in a class complaint challenging the constitutionality of Los Angeles' gang injunctions to expand a class representative's individual preliminary injunction to class members served with a Los Angeles gang injunction prior to Jan. 19 (Youth Justice Coalition, et al. v. City of Los Angeles, et al., No. 16-7932, C.D. Calif.).



Partial Class Certification Granted In Goldman Sachs Gender Bias Lawsuit
NEW YORK - A New York federal judge on March 30 partially granted a motion for class certification filed in a gender bias lawsuit in which female associates and vice presidents employed by Goldman, Sachs & Co. and The Goldman Sachs Group Inc. (collectively, Goldman Sachs) claim that the companies favored men when it came to evaluations, pay and promotions and maintained a "boy's club" culture (H. Christina Chen-Oster, et al. v. Goldman, Sachs & Co., et al., No. 10-6950, S.D. N.Y., 2018 U.S. Dist. LEXIS 54732).



Buyers Of Allegedly Defective Shingles Ask 3rd Circuit To Rehear Class Arguments
PITTSBURGH - Plaintiffs leading a proposed four-state class action suit against Owens Corning and Owens Corning Sales LLC over allegedly defective roofing shingles asked the Third Circuit U.S. Court of Appeals on March 29 for an en banc rehearing, claiming that a panel of the appeals court erred when upholding denial of their certification motion (Jamie Gonzalez, et al. v. Owens Corning, et al., No. 16-2653, 3rd Cir.).



Hospital Loses Another Round In Pursuit Of Class Claims Against W.R. Grace
WILMINGTON, Del. - A hospital cannot appeal a Delaware federal 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 ruling was interlocutory and because the appeal is barred by the company's reorganization plan, a federal judge held March 30 (Anderson Memorial Hospital v. W.R. Grace & Co., et al., No. 16-799, D. Del., 2018 U.S. Dist. LEXIS 53814).



Subclasses Certified In Suit Alleging Continuation Of Benefits Violations
CHICAGO - An Illinois federal judge on March 14 certified two subclasses of plaintiffs in a class action alleging that a company violated the Employee Retirement Income Security Act by not providing notice of continuation of health care coverage benefits to employees who were transferred a number of times within the company from the United States to India (Pranav Bhattacharya, et al. v. Capgemini North America Inc., et al., No. 16-7950, N.D. Ill., 2018 U.S. Dist. LEXIS 41679).



Judge Refuses To Certify Proposed ERISA Classes Due To Under-Inclusivity
NEW HAVEN, Conn. - A federal judge in Connecticut on March 21 refused to certify two subclasses for employees of the Bridgeport Health Center Inc. (BHCC) who are represented by the labor organization and who claim that the fiduciary of the insurance and pension plans is violating the Employee Retirement Income Security Act by failing to use money taken from their paychecks to pay premiums, holding that the proposed subclasses are under-inclusive because they do not include all members of the plans (Local 1522 of Council 4, American Federation of State, County and Municipality Employees, et al. v. Bridgeport Health Care Center Inc., et al., No. 15-CV-1019, D. Conn., 2018 U.S. Dist. LEXIS 46818).



Judge Approves Class, Experts In Fracking Royalty Lease Dispute
CLEVELAND - A federal judge in Ohio on March 23 granted class certification to a group of hydraulic fracturing leaseholders who claim that Chesapeake Exploration LLC breached its agreement with them by calculating royalties using an incorrect price and ruled that the plaintiffs' experts met the requirements for inclusion in the case (Dale H. Henceroth, et al. v. Chesapeake Exploration LLC, No. 15-2591, N.D. Ohio; 2018 U.S. Dist. LEXIS 48382).



Family Dollar Settles Sex Bias Managers' Class Claims For $45 Million
CHARLOTTE, N.C. - A North Carolina federal judge on March 14 granted final approval of a $45 million settlement to be paid by Family Dollar Stores Inc. to end a class lawsuit that began almost 15 years ago and accused the retailer of paying female store managers less than males in violation of Title VII of the Civil Rights Act of 1964 and the Equal Pay Act (EPA) (Luanna Scott, et al. v. Family Dollar Stores, Inc., No. 08-540, W.D. N.C., 2018 U.S. Dist. LEXIS 41908).



Class, Health Insurer Settle Autism Coverage Case For $1,625,000
BENTON, Ill. - A class of approximately 200 individuals who claim that an insurer denied applied behavioral analysis (ABA) autism treatments in violation of Indiana law and the Employee Retirement Income Security Act agreed to settle the case in exchange for $1,625,000, according to a March 23 unopposed motion for preliminary approval (W.P., et al. v. Anthem Insurance Companies Inc., No. 15-562, S.D. Ind.).



Limo Company Settles Drivers' Class Wage Claims For $670,000
NEW HAVEN, Conn. - A Connecticut federal judge on March 16 granted final approval of a $670,000 settlement to be paid by a limo company to end claims by drivers alleging that their commission-only pay constituted wage-and-hour violations (Roger Lassen, Jr., et al. v. Hoyt Livery, Inc., et al., No. 13-1529, D. Conn., 2018 U.S. Dist. LEXIS 45765).



Preliminary Approval Of $290M Settlements In Securities Suits Granted
SANTA ANA, Calif. - A federal judge in California on March 19 granted preliminary approval to settlements totaling $290 million in a pair of related securities class actions alleging an insider-trading and front-running scheme regarding pharmaceutical company Valeant Pharmaceuticals International Inc.'s attempt at a hostile takeover of Allergan Inc. (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.).



Judge Will Reconsider Order Compelling UCL Claim Against AT&T To Arbitration
SAN FRANCISCO - Given a recent court decision in which a court found that an arbitration agreement that waives the right to seek public injunctive relief violates California public policy, a California federal judge on March 14 granted a motion to reconsider a ruling compelling class action claims for violation of California's unfair competition law (UCL) and other California law claims against a mobile telephone provider to arbitration (Marcus A. Roberts, et al. v. AT&T Mobility LLC, No. 15-cv-03418, N.D. Calif., 2018 U.S. Dist. LEXIS 42235).



Panel Finds Blue Cross Waived Right To Arbitrate UCL, Contract Claims
LOS ANGELES - After finding that an insurer waived its right to arbitrate claims for breaches of an insurance contract and violation of California's unfair competition law (UCL), a California appeals panel on March 26 affirmed a trial court's ruling denying its motion to compel arbitration of the dispute (Maia Pawooskar, ex rel. v. Blue Cross of California, No. B277690, Calif. App., 2nd Dist., Div. 7, 2018 Cal. App. Unpub. LEXIS 2046).



Arbitration, Dismissal Granted In Class Suit Alleging Defective Samsung Phones
SAN JOSE, Calif. - A California federal judge on March 30 issued two orders in a class suit accusing Samsung Electronics America Inc. and Samsung Electronics Co. Ltd. (collectively, Samsung) of selling four defective cell phones, granting a motion to compel arbitration as to the plaintiffs found to have entered into such an agreement with Samsung and dismissing the claims of the remaining plaintiffs with leave to amend (In re Samsung Galaxy Smartphone Marketing and Sales Practice Litigation, No. 16-6391, N.D. Calif.).



Delaware High Court: Class Action Tolling In Banana Plantation Case Ended In 2010
DOVER, Del. - The Delaware Supreme Court on March 15 ruled that a longstanding class action over alleged injuries from chemical exposure on banana plantations was not still active because class action tolling was ended when the Texas state court denied class action certification in 2010 in a case related to the one at hand, which involved some of the same plaintiffs (Luis Antonio Aguilar Marquinez, et al. v. Dow Chemical Co., et al., No. 231, 2017, Del. Sup.; 2018 Del. LEXIS 108).



Judge: Res Judicata Doesn't Bar Student-Athletes' Injunctive Relief Claim
ALAMEDA, Calif. - Current and former college athletes may largely proceed with their injunctive relief claim challenging caps on certain benefits they can receive, a federal judge in California held March 28, finding that the present case is not barred by a previous case regarding student-athlete compensation because the earlier case involved sufficiently different issues (In re: National Collegiate Athletic Association Athletic Grant-in-Aid Cap Antitrust Litigation, Nos. 14-2541, 14-2558, N.D. Calif.).



Pennsylvania Federal Judge Denies Stay In Life Insurance Payment Suit
PHILADELPHIA - A Pennsylvania federal judge on March 12 declined to stay proceedings pending an interlocutory appeal in a class lawsuit accusing Prudential Insurance Company of America of breaching its fiduciary duty, ruling that a recent denial of leave to amend in a similar case by the 11th Circuit U.S. Court of Appeals "suggests that Prudential will not succeed on the merits before the Third Circuit" (Clark R. Huffman, et al. v. The Prudential Insurance Company of America, No. 10-5135, E.D. Pa., 2018 U.S. Dist. LEXIS 41356).



Judge: Cut Punitives In Surgical Gown Case From $450M To $20.7M Or Get New Trial
LOS ANGELES - A California federal judge on March 30 said a class of surgical gown purchasers can accept a reduction of punitive damages from $450 million to $20.75 million or opt for a new trial to determine "the proper amount of punitive damages" (Bahamas Surgery Center, LLC v. Kimberly-Clark Corporation, et al., No. 14-8390, C.D. Calif.).



Class Suit Accuses Tinder Of Deleting Transgender Accounts
PORTLAND, Ore. - A Portland trans woman filed a class complaint on March 14 accusing IAC/INTERACTIVECORP, doing business as Tinder, of discriminating against users who are not cisgender by deleting their accounts (Ariel Hawkins, et al. v. IAC/INTERACTIVECORP, No. 18CV09778, Ore. Cir., Multnomah Co.).



Former Employee Asserts Wage, UCL Claims In California Court
SAN MATEO, Calif. - A former sales representative for an information-technology services company on April 2 filed a class action complaint in a California superior court, asserting causes of action for violation of California's labor code and unfair competition law (UCL) in relation to allegedly unpaid commissions (Brandon Williams v. Oracle America Inc., No. 18-01599, Calif. Super., San Mateo Co.).



EEOC Sues Arby's Franchisee For Ignoring Ongoing Sexual Harassment
MOBILE, Ala. - Beavers' Inc., doing business as several Arby's franchises in the southeast United States, violated federal law when it failed to address ongoing sexual harassment of teenage female employees, the Equal Employment Opportunity Commission alleges in a complaint filed March 30 in the U.S. District Court for the Southern District of Alabama on behalf of two named workers and a class of females (Equal Employment Opportunity Commission v. Beavers', Inc., No. 18-150, S.D. Ala.).



Facebook Hit With Class Action After User Data-Sharing Announcement
SAN JOSE, Calif. - Following a recent revelation by Facebook Inc. that millions of its social network users' personal information was shared with a third-party analytics firm with political ties, a Facebook user on March 20 filed a class complaint against the social network in California federal court, alleging negligence and unfair competition (Lauren Price v. Facebook Inc., et al., No. 5:18-cv-01732, N.D. Calif.).



Class Action Alleging Sexual Harassment Brought Against Perkins Restaurant Franchise
BROOKLYN, N.Y. - A class action lawsuit was filed in federal court on March 19 against Perkins Family Restaurants, alleging that its current and former employees were "subjected to a hostile work environment that was permeated with constant and extreme sexual harassment," further arguing that gender was the motivating factor for their hostile treatment (Elainie Andreopoulos, et al. v. Perkins Family Restaurants, No. 18-01711, E.D. N.Y.).



Florida Residents Sue Town For Sludge Dump That Tainted Groundwater With Arsenic
FORT MYERS, Fla. - A group of Florida residents on March 23 filed a putative class action against the city of Fort Myers in Florida federal court, contending that it is liable for the contamination of local groundwater with arsenic (Deretha Miller, et al. v. Fort Myers, et al., No. 18-195, M.D. Fla.).



False Advertising, Wage, Antitrust Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging false advertising, wage-and-hour and antitrust violations.



Syngenta Agrees To $1.51B Settlement In Genetically Modified Corn Seeds Suits
KANSAS CITY, Kan. - Plaintiffs in numerous class suits over genetically modified (GMO) corn seeds filed a motion on March 12 seeking preliminary approval of a $1.51 billion nonreversionary settlement to be paid by Syngenta AG to end all but four of the consolidated cases (In re Syngenta AG MIR162 Corn Litigation, No. 14-2591, D. Kan.).



Preliminary Settlement Reached In Long-Running Google Street View Case
SAN FRANCISCO - In a March 6 stipulation filed in California federal court, Google LLC and a putative class announced that they have preliminarily settled privacy claims related to personal payload data collected during Google's Street View photographing efforts, informing the court that a preliminary settlement agreement would be forthcoming (In re Google LLC Street View Electronic Communications Litigation, No. 3:10-md-02184, N.D. Calif.).



Judge Approves ERISA Class Action Settlement As 'Fair, Just, Reasonable, Adequate'
SAN DIEGO - A California federal judge on March 2 approved a class action settlement in an Employee Retirement Income Security Act dispute as being "fair, just, reasonable, adequate" and "in the best interests of the class and its members," further noting that "class members will receive substantial sums" under the settlement (Geoffrey Moyle, et al. v. Liberty Mutual Retirement Benefit Plan, et al., No. 10-2179, S.D. Calif., 2018 U.S. Dist. LEXIS 34730).



Judge Preliminarily Approves SunTrust's $4.75M Settlement Of ERISA Class Action
ATLANTA - A federal judge in Georgia on March 12 preliminarily approved a $4.75 million settlement to resolve a class action suit accusing SunTrust Banks Inc. of violating the Employee Retirement Income Security Act of 1974 when managing the plan, finding that the agreement was the result of arms-length negotiations (In re: SunTrust Banks Inc., ERISA Litigation, No. 08-cv-03384-RWS, N.D. Ga.).



Court Asked To Declare That Theranos Settlement Doesn't Preclude Individual Claims
PHOENIX - A plaintiff on March 9 moved to intervene in the Arizona attorney general's consumer violation settlement with Theranos Inc., saying a state court should declare that the state settlement does not extinguish claims by a purported class of state citizens who say they were harmed by Theranos' blood-testing services (In Re: Arizona Theranos, Inc., Litigation, No. 16-2138, D. Ariz., Arizona, et al. v. Theranos, Inc., No. CV2017-006644, Ariz. Super., Maricopa Co.).



Group: Restaurants' Claim Of Bad Counsel In $151M Water Settlement Lacks Support
CHARLESTON, W.Va. - The West Virginia Hospitality and Travel Association Inc. (WVHTA) on Feb. 28 filed a brief in West Virginia federal court contending that two restaurants that seek inclusions in a $151 million class settlement regarding groundwater contamination make allegations that they were not properly represented by counsel without "any evidentiary support" (Crystal Good, et al. v. American Water Works Co. Inc., No. 14-1374, S.D. W.Va.).



10th Circuit: Class Suit Challenging J.C. Penney's 'Original' Prices May Proceed
DENVER - A 10th Circuit U.S. Court of Appeals panel on March 7 upheld the denial of a motion to compel arbitration filed by J.C. Penney Corp. Inc. in a false pricing class complaint, finding that the allegations fall outside two agreements entered into by the lead plaintiff that contain arbitration clauses (Ann Cavlovic v. J.C. Penney Corporation, Inc., No. 17-3174, 10th Cir., 2018 U.S. App. LEXIS 5711).



LuLaRoe Moves To Compel Arbitration Of Consultants' Pyramid Scheme Class Suit
RIVERSIDE, Calif. - LuLaRoe LLC on March 9 moved in California federal court to compel individual arbitration and dismiss or, in the alternative, stay a class action complaint filed by consultants who accuse the clothing multilevel marketer (MLM) of running an unlawful pyramid scheme (Stella Lemberg, et al. v. LuLaRoe, LLC, et al., No. 17-2102, C.D. Calif.).



6th Circuit Upholds Enforcement Of Uber, Drivers Arbitration Agreement
CINCINNATI - Two Uber Technologies Inc. drivers, one current and one former, must submit their wage claims to arbitration, a Sixth Circuit U.S. Court of Appeals panel ruled March 14, upholding a trial court's ruling in the drivers' proposed class action complaint and rejecting the driver's new argument presented on appeal (Artur Zawada, et al. v. Uber Technologies, Inc., et al., No. 17-1092, 6th Cir., 2018 U.S. App. LEXIS 6298).



Possible Ruling On Autodialer Systems Won't Stall Telemarketing Calls Class Suit
SAN DIEGO - A California federal judge on March 12 declined to issue a stay in a class suit accusing a home improvement products company of placing unwanted phone calls to cell phones using an automated telephone dialing system (ATDS), ruling that discovery may proceed despite a pending appeal challenging the Federal Communications Commission definition of an ATDS (Lucas Ambezewicz, et al. v. GDFriend, Inc., No. 17-2234, S.D. Calif., 2018 U.S. Dist. LEXIS 40267).



Federal Judge Stays Class Claims Related To Sale Of Aloe Vera Products
LOS ANGELES - A California federal judge on March 7 granted a joint request to stay a consumer's lawsuit, alleging that a pharmacy falsely advertises products as containing aloe vera in violation of California's unfair competition law (UCL) and other California laws, finding that the outcome of a similar case could provide resolution of the present action (Tina Kalajian v. Rite Aid Corporation, et al., No. 2:17-cv-06777, C.D. Calif., 2018 U.S. Dist. LEXIS 38449).



California Federal Judge: Uber's Safe Rides Fee Changes Violate Drivers' Contracts
OAKLAND, Calif. - A California federal judge on March 8 certified a class of drivers working as independent contractors for a ridesharing company, granted the drivers summary judgment on their claims that changes to fares by including a "Safe Rides Fee" breached the drivers' contracts and stated that the fact that drivers' fares remained unchanged was a "red herring" (Chuck Congdon, et al. v. Uber Technologies, Inc., et al., No. 16-2499, N.D. Calif., 2018 U.S. Dist. LEXIS 38473).



9th Circuit Finds Zappos Customers Have Standing To Sue Over Data Breach
SAN FRANCISCO - Reversing a trial court's dismissal order, a Ninth Circuit U.S. Court of Appeals panel on March 8 found that customers of Zappos.com Inc. have standing under Article III of the U.S. Constitution to sue the online retailer over a 2012 data breach based on the risk of identity theft from the exposure of their personally identifiable information (PII) (In re Zappos.com Inc. Customer Data Security Breach Litigation, No. 16-16860, 9th Cir., 2018 U.S. App. LEXIS 5841).



Class Suit Over Frito-Lay Natural Potato Chip Labels Survives Dismissal Motion
SAN DIEGO - A California federal on March 7 denied a motion by Frito-Lay North American Inc. and Frito-Lay Inc. to dismiss a class complaint accusing the snack food maker of falsely labeling its "Salt and Vinegar Flavored Potato Chips" as containing only natural ingredients (Barry Allred, et al. v. Frito-Lay North America, Inc., et al., No. 17-1345, S.D. Calif., 2018 U.S. Dist. LEXIS 37617).



Claims Trimmed, Nationwide Class Eliminated In Fraud Suit Over Surveillance System
CHICAGO - An Illinois federal judge on March 7 dismissed with prejudice a nationwide class and trimmed the claims in a complaint accusing a surveillance system manufacturer of selling defective systems (James Anderson, et al. v. Logitech, Inc., No. 17-6104, N.D. Ill., 2018 U.S. Dist. LEXIS 36785).



Federal Judge Narrows Claims In Data Collection Class Suit, Recommends New Claims
CHICAGO - An Illinois federal judge on March 5 dismissed the federal claim brought by two fitness phone application users in a class complaint over unauthorized collection of their data, narrowed their state claim and recommended two possible alternative federal statutes under which the plaintiffs could file a claim (Jessica Vasil, et al. v. Kiip, Inc., No. 16-9937, N.D. Ill., 2018 U.S. Dist. LEXIS 35573).



Class Claims Over Yahoo Data Breaches Mostly Survive Renewed Dismissal Motion
SAN JOSE, Calif. - In her second ruling addressing a motion by Yahoo! Inc. to dismiss a putative class action over data breaches that exposed users' personally identifiable information (PII), a California federal judge on March 9 deemed most of the claims sufficiently alleged, while partly dismissing unfair competition, customer records and punitive damages claims (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).



Operator's Counterclaims In Detainees' Class Suit Seeking Wages Survive Dismissal
TACOMA, Wash. - The operator of a Washington state detention center where immigration detainees are housed may proceed with counterclaims against a proposed class of detainees seeking minimum wages for their work after a Washington federal judge in a Feb. 28 order determined the operator satisfied the elements of unjust enrichment (Chao Chen, et al. v. The GEO Group, Inc., No. 17-5769, W.D. Wash., 2018 U.S. Dist. LEXIS 32859).



SuperValu, Albertson's Data Breach MDL Dismissed By Minnesota Federal Judge
MINNEAPOLIS - A Minnesota federal judge on March 7 dismissed with prejudice a multidistrict litigation case accusing two supermarket chains of failing to protect customers' personal identifying information (PII) after their payment-processing network system was breached by hackers, finding that the plaintiffs were unable to amend their complaint to allege standing and injury (In Re: SuperValu, Inc., No. 14-2586, D. Minn., 2018 U.S. Dist. LEXIS 36944).



Santander Manager's Wage Class Suit Survives Motion To Dismiss
TRENTON, N.J. - A Santander Bank N.A. manager may proceed with her class and collective complaint alleging that she and other managers were barred from reporting overtime hours because the bank's motion to dismiss is "premature," a New Jersey federal judge ruled March 6 (Crystal Sanchez v. Santander Bank, N.A., et al., No. 17-5775, D. N.J., 2018 U.S. Dist. LEXIS 36868).



Sanctions Upheld In Wage Collective Suit For No Excusable Neglect
JACKSON, Miss. - A Mississippi federal judge on March 1 declined to set aside sanctions awarded to the plaintiffs in a wage-and-hour collective suit in which the defendants, a corporation and its president, were found to be in contempt of court (Ashley Brooks, et al. v. Illusions, Inc., et al., No. 16-31, S.D. Miss., 2018 U.S. Dist. LEXIS 33244).



California Federal Judge: CAFA Removal Of Truck Drivers' Wage Suit Was Proper
SAN DIEGO - A trucking company accused of wage-and-hour and unfair competition violations under California law by a class of drivers properly removed the lawsuit to federal court under the Class Action Fairness Act (CAFA), a California federal judge ruled March 8 (Eugene Sanders, et al. v. Old Dominion Freight Line, Inc., No. 17-2340, S.D. Calif., 2018 U.S. Dist. LEXIS 38404).



6th Circuit: Retirees Fail To Show Promise Of Benefits Until 65 Lasted Beyond CBA
CINCINNATI - Three retirees who filed a class complaint seeking to stop the early termination of health benefits that had been promised until they reached the age of 65 in a collective bargaining agreement (CBA) failed to show that their employer's obligation to provide those benefits outlasted the CBA, a Sixth Circuit U.S. Court of Appeals ruled March 8, reversing a trial court's grant of a preliminary injunction (Rebecca Cooper, et al. v. Honeywell International Inc., No. 17-1042, 6th Cir., 2018 U.S. App. LEXIS 5833).



Investors Should Be Allowed To Proceed With Securities Claims, Amici Say
WASHINGTON, D.C. - Allowing investors to proceed with their claims in a securities class action lawsuit pursuant to the American Pipe & Construction Co. v. Utah tolling doctrine illustrates the doctrine's necessary application to class certification while providing defendants with adequate notice of the underlying claims against them," amici curiae argue in a Feb. 28 brief filed in the U.S. Supreme Court (China Agritech Inc. v. Michael Resh, et al., No. 17-432, U.S. Sup.).



Stockholders Seek Class Cert In Suit Against Bankrupt Reinsurance, Insurance Provider
WILMINGTON, Del. - Common stockholders of a bankrupt insurance and reinsurance services company on March 2 moved for certification of their class and appointment of class representatives and counsel in a Delaware bankruptcy court lawsuit in which the company is accused of laying off employees without proper notice under the Workers' Adjustment and Retraining Notice Act (WARN Act) (In re: Patriot National Inc., et al., Chapter 11, No. 18-10189, Michelle L. Cole, et al. v. Patriot National Inc., et al., Adv. Pro. No. 18-5, D. Del. Bkcy.).