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  claims  court  dist lexis  dist  federal judge  federal  filed  jan  judge jan  judge  lexis  suit 
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®



 



FACTA Class Suit Dismissed After Settlement Reached For Lack Of Jurisdiction
FORT LAUDERDALE, Fla. - A Florida federal judge on Feb. 8 dismissed a class complaint over credit card numbers being printed on receipts following preliminary approval of a settlement, ruling that the court lacks subject matter jurisdiction over the claims (Eric Kirchein, et al. v. Pet Supermarket, Inc., No. 16-60090, S.D. Fla., 2018 U.S. Dist. LEXIS 21750).



9th Circuit Upholds Approval Of $25 Million Trump University Settlement
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Feb. 6 rejected the sole challenge to a $25 million settlement to be paid by Trump University LLC - the now-defunct school that was owned by President Donald J. Trump - to end claims that the school was a sham and defrauded its students out of millions of dollars (Sonny Low, et al. v. Trump University, LLC, et al., No. 17-55635, 9th Cir., 2018 U.S. App. LEXIS 2920).



Maine Dairy Seeks To Settle Serial Comma Dispute With Class Of Employees For $5M
PORTLAND, Maine - A Maine dairy company and a class of workers entangled in a wage-and-hour lawsuit stemming from the lack of a serial comma in a list of activities exempted from Maine's overtime law filed a motion on Jan. 8 for preliminary review of a proposed $5 million settlement (Christopher O'Connor, et al. v. Oakhurst Dairy, et al., No. 14-192, D. Maine).



7th Circuit: Class Suit Over Increased Premiums After Age 67 May Proceed
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Feb. 6 reinstated a class suit accusing an insurance company of breaching its long-term care policy by doubling an insured's premiums after she turned 67, ruling that the lead named plaintiff is entitled to relief on her contract claim and that, as a result, dismissal of the remaining claims was premature (Margery Newman, et al. v. Metropolitan Life Insurance Company, No. 17-1844, 7th Cir., 2018 U.S. App. LEXIS 2890).



Objectors To 9th Circuit: Ford Transmission Settlement Doesn't Benefit Class
SAN FRANCISCO - A settlement by Ford Motor Co. that ended a class complaint accusing the automaker of fraudulently concealing and denying the existence of a transmission defect benefits only Ford, class counsel and the representative plaintiffs, objectors argue in an appellant brief filed Feb. 2 in the Ninth Circuit U.S. Court of Appeals, challenging a district court's approval of the settlement (Omar Vargas, et al. v. Ford Motor Company, Nos. 17-56745 and 17-56746, 9th Cir.).



Jewish School Settles Kitchen Workers' Wage Claims For $1 Million
NEW YORK - A New York federal magistrate judge on Feb. 9 granted final approval of a $1 million settlement to be paid by a Jewish school in Orange County, N.Y., to end class wage claims brought by the school's kitchen workers (Oscar Vivaldo, et al. v. United Talmudical Academy of Kiryas Joel, Inc., et al., No. 14-2636, S.D. N.Y., 2018 U.S. Dist. LEXIS 22863).



Pella To Settle Suit Over ProLine Windows For $25.75M, Plaintiffs Say
CHICAGO - Pella Corp. has agreed to pay $25.75 million to resolve claims from homeowners alleging that the company's ProLine series of windows were defective by allowing water to intrude the casing, causing wood rot, plaintiffs say in a Feb. 8 brief filed in Illinois federal court seeking approval of the agreement (Kent Eubank, et al. v. Pella Corp., No. 06 C 4481, N.D. Ill.).



Google Email-Scanning Class Action Settlement Receives Final Approval
SAN JOSE, Calif. - Five and a half months after preliminarily approving a settlement between Google LLC and a class of non-Gmail users, a California federal judge on Feb. 9 granted the plaintiffs' motion for final approval of the settlement in which Google agrees to stop scanning emails sent to Gmail users (Daniel Matera, et al. v. Google LLC, No. 5:15-cv-04062, N.D. Calif.).



Domino's And Franchisee Will Pay $650,000 To Settle Delivery Drivers' Wage Claims
BOSTON - A Massachusetts federal judge on Jan. 23 granted final approval of a $650,000 settlement to be paid by a pizza shop franchisor and franchisee to end class claims by delivery drivers who claim that they were denied delivery fees that customers believed were tips, proper wages and reimbursement of business expenses (Alexander Mooney, et al. v. Domino's Pizza, Inc., et al., No. 14-13723, D. Mass.).



Outpatient Dialysis Provider To Pay $4M To Settle Stock-Drop Suit
BOSTON - A provider of outpatient dialysis services will pay $4 million to settle claims that it concealed its involvement in an insurance fraud scheme in violation of federal securities laws, according to a motion for preliminary approval of settlement filed by lead plaintiffs on Jan. 31 in a Massachusetts federal court (Mary Esposito v American Renal Associates Holdings Inc., et al., No. 16-11797, D. Mass.).



Class Suit Accusing Hobby Lobby Of Fake Discounts Survives Dismissal
SAN DIEGO - A California federal judge on Feb. 8 denied Hobby Lobby Stores Inc.'s motion to dismiss a class complaint accusing the retailer of creating false sale prices by using fictitious "marked" prices on its products (Christina Chase, et al. v. Hobby Lobby Stores, Inc., et al., No. 17-881, S.D. Calif., 2018 U.S. Dist. LEXIS 21165).



Yahoo Users Oppose Dismissal Of Data Breach Consolidated Class Action
SAN JOSE, Calif. - Arguing in a Feb. 9 brief that they sufficiently alleged such elements as reliance, damages and unconscionability, the lead plaintiffs in a consolidated lawsuit over data breaches experienced by Yahoo Inc. oppose the internet firm's motion to dismiss in California federal court (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).



Class Complaint Over Timeshare Dealings Is Dismissed As Shotgun Pleading
ORLANDO, Fla. - A Florida federal judge on Feb. 12 dismissed an amended class complaint by a timeshare owner alleging various breaches by Wyndham timeshare entities for being a shotgun pleading and gave the plaintiff two weeks to file an amended complaint that properly separates the claims (Tommy J. Embree v. Wyndham Worldwide Corporation, et al., No. 16-928, M.D. Fla., 2018 U.S. Dist. LEXIS 22165).



Class Suit Alleging Slack-Filled Raisinets Survives Dismissal Motion
ST. LOUIS - A Missouri federal judge on Feb. 7 denied a motion by a candy company to dismiss a class complaint accusing it of deceiving customers by slack-filling its boxes of chocolate-covered raisins, finding that the named plaintiff has made sufficient claims to proceed at this stage (Lahonee Hawkins, et al. v. Nestle U.S.A. Inc., No. 17-205, E.D. Mo., 2018 U.S. Dist. LEXIS 19933).



Judge Refuses To Dismiss Class Claims Related To Clorox's Natural Labeling
OAKLAND, Calif. - A California federal judge on Feb. 6 refused to dismiss claims for violation of California's unfair competition law (UCL) and other causes of action asserted by consumers against The Clorox Co., finding that the company's "naturally derived" labeling could have deceived them into purchasing the products (Joseph Gregorio, et al. v. The Clorox Company, No. 17-cv-03824, N.D. Calif., 2018 U.S. Dist. LEXIS 19542).



California Court Finds Solar Energy Firm Did Not Need Contractor's License
LOS ANGELES - A California court on Feb. 1 affirmed a trial court's dismissal of a purchaser's class action claims for violation of California's unfair competition law (UCL) and another California law against a solar energy products company, finding that the company was not required to be a licensed contractor to complete its installations (Shawn Reed v. Sunrun Inc., No. B276862, Calif. App., 2nd Dist., Div. 2, 2018 Cal. App. Unpub. LEXIS 743).



Colorado Federal Judge Grants Class Certification In Au Pairs' Wage Suit
DENVER - A Colorado federal judge on Feb. 2 certified five of six classes and all 13 subclasses proposed by au pairs who are suing their employers alleging suppression of wages (Johana Paola Beltran, et al. v. InterExchange, Inc., et al., No. 14-3074, D. Colo., 2018 U.S. Dist. LEXIS 23764).



Investor Class Certified In Securities Suit Against Medical Technology Company
MINNEAPOLIS - Shareholders have properly shown that an investor class in a securities class action lawsuit against a medical technology provider and several of its current and former executive officers meets all statutory requirements for certification, a federal judge in Minnesota ruled Jan. 30 in granting class certification, albeit with a shorter class period than proposed (West Virginia Pipe Trades Health & Welfare Fund v. Medtronic Inc., et al., No. 13-1686, D. Minn.; 2018 U.S. Dist. LEXIS 14744).



Judge Grants Conditional Certification In FLSA Suit Against Franchise Owners
ASHEVILLE, N.C. - A North Carolina federal judge on Feb. 2 granted a plaintiff's motion for conditional collective action certification in her lawsuit alleging that owners and/or operators of multiple national franchise restaurants misclassified employees as exempt from the Fair Labor Standards Act (Helen Holland v. Fulenwider Enterprises, Inc., et al., No. 17-48, W.D. N.C., 2018 U.S. Dist. LEXIS 17483).



Class Of Oil Platform, Processing Facility Workers Certified In Oil Spill Suit
LOS ANGELES - A California federal judge on Feb. 9 certified one of two proposed subclasses, comprising oil platform and processing facility workers, in a lawsuit against the operators of a Santa Barbara, Calif., pipeline that leaked into the Pacific Ocean in May 2015, finding that common questions predominate (Keith Andrews, et al. v. Plains All American Pipeline, L.P., et al., No. 15-4113, C.D. Calif.).



3 Subclasses Certified In ERISA Suit Over Oracle Plan Fees, Investments
DENVER - A Colorado federal judge on Jan. 30 denied certification of the plaintiffs' proposed class in an Employee Retirement Income Security Act lawsuit accusing Oracle Corp. of making imprudent investments and allowing the collection of excessive fees related to its 401(k) plan but granted certification of more narrow subclasses related to the imprudent investment claims (Deborah Troudt, et al. v. Oracle Corporation, et al., No. 16-175, D. Colo., 2018 U.S. Dist. LEXIS 15151).



Missouri Federal Judge Remands Class Suit Over Moving St. Louis Rams
ST. LOUIS - A Missouri federal judge on Feb. 12 remanded a class complaint over the St. Louis Rams moving to a new city, finding that the plaintiffs properly invoked the Class Action Fairness Act's (CAFA) local controversy exception (Ronald McAllister v. The St. Louis Rams, LLC, Nos. 16-172, 16-262, 16-297 and 16-189, E.D. Mo., 2017 U.S. Dist. LEXIS 22395).



Law Firm Accused Of Data Release Denied Arbitration Clause Third-Party Status
MADISON, Wis. - A law firm operating as a debt collector and accused of failing to redact a defendant's credit score when filing its complaint against her may not invoke an arbitration clause between the debtor and the credit card company after the debtor filed a class complaint because the firm lost its status as a third-party co-defendant when the credit card company was dismissed from the case, a Wisconsin federal judge ruled Feb. 12 (Sasha Rizzo, et al. v. Kohn Law Firm, S.C., No. 17-408, W.D. Wis., 2018 U.S. Dist. LEXIS 22105).



Arbitration, Consolidation, Stay Motions Pending In Uber Data Breach Suits
CHICAGO - A customer of Uber Technologies Ltd. on Feb. 5 filed a motion to stay his putative class action in Illinois federal court over the ride-sharing service's 2016 data breach, in light of a pending motion to consolidate 18 such cases before the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) (Bradley West v. Uber USA LLC, et al., No. 1:17-cv-08593, N.D. Ill.).



Class Suit Over Money Owed On Repossessed Cars Is Reinstated By Nevada High Court
CARSON CITY, Nev. - A Nevada court erred when it dismissed for lack of subject matter jurisdiction a class complaint over deficient balances for repossessed vehicles, a Nevada Supreme Court panel ruled Feb. 1 (Lucia Castillo v. United Federal Credit Union, No. 70151, Nev. Sup., 2018 Nev. LEXIS 3).



Participant To High Court: Foot Locker Concealed Pension Plan Changes
WASHINGTON, D.C. - Changes by Foot Locker Inc. and Foot Locker Retirement Plan (collectively, Foot Locker) to a pension plan were concealed from employees, and a trial court did not err when it found that the misconduct constituted equitable fraud and violated the Employee Retirement Income Security Act, a plan participant argues in his opposition brief filed Jan. 10 in the U.S. Supreme Court (Foot Locker, Inc., et al. v. Geoffrey Osberg, et al., No. 17-690, U.S. Sup.).



Review Not Needed For Cy Pres Ruling In Indian Farmers' Deal, Class Members Say
WASHINGTON, D.C. - Two members of a class of Native American farmers forfeited their right to challenge the cy pres provision of a $680 million settlement with the U.S. Department of Agriculture by failing to present their arguments in the trial and appeal courts, so they should not be allowed to proceed with their challenge in the U.S. Supreme Court, respondents to the men's petitions for certiorari argue in a Jan. 22 brief (Marilyn Keepseagle, et al. v. Sonny Perdue, et al., No. 17-807, Keith Mandan v. Sonny Perdue, et al., No. 17-897, U.S. Sup., 2018 U.S. S. Ct. Briefs LEXIS 279).



Extending American Pipe To Follow-On Class Actions Erroneous, Defendants Argue
WASHINGTON, D.C. - The Ninth Circuit U.S. Court of Appeals erred in holding that the U.S. Supreme Court's ruling 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 because American Pipe tolls only the limitations period during the pendency of a putative class action "for absent class members to file individual claims if the class fails," petitioners argue in a Jan. 22 merits brief filed with the Supreme Court (China Agritech Inc. v. Michael Resh, et al., No. 17-432, U.S. Sup.).



New York Federal Judge Issues Injunction Clarification In Asylum Seekers' Class Suit
BUFFALO, N.Y. - A New York federal judge on Feb. 9 issued a decision clarifying her Nov. 17 preliminary injunction issued in a class complaint filed by asylum seekers alleging prolonged detentions, finding that a pending interlocutory appeal doesn't bar the clarification (Hanad Abdi, et al. v. Kirstjen Nielsen, et al., No. 17-721, W.D. N.Y., 2018 U.S. Dist. LEXIS 22261).



D.C. Appeals Panel Says Class Counsel Is Not Entitled To Additional Payment
WASHINGTON, D.C. - The District of Columbia U.S. Circuit Court of Appeals on Jan. 30 affirmed a district court's finding that class counsel are not entitled to additional fees for locating pension beneficiaries in conjunction with a class action settlement because the terms of the settlement agreement are not ambiguous and clearly provided a 10-year payment period for class counsel (Mary E. Collins, et al. v. Pension Benefit Guaranty Corp., et al., Nos. 16-5310, 16-5318, D.C. Cir., 2018 U.S. App. LEXIS 2282).



Retaliation Claims Trimmed In Suit Over Allstate Agent Reorganization
PHILADELPHIA - A Pennsylvania federal judge on Jan. 29 trimmed retaliation claims asserted under the Age Discrimination in Employment Act (ADEA) and the Employee Retirement Income Security Act in a consolidated lawsuit over Allstate Insurance Co.'s reorganization that switched employee agents to independent contractors, finding that the retaliation claims that were based on Allstate's counterclaims cannot proceed because the counterclaims were not objectively baseless (Gene R. Romero, et al. v. Allstate Insurance Company, et al., Nos. 01-3894, 01-6764, 03-6872, 15-1049 and 15-3047, E.D. Pa., 2018 U.S. Dist. LEXIS 14160).



L.L. Bean Hit With Class Complaint After Changing Return Policy
CHICAGO - L.L. Bean Inc. violated the Magnuson-Moss Warranty Act and other laws when it abruptly changed its "100% Satisfaction Guarantee" policy allowing returns of any product at any time to a limited one-year warranty, an Illinois man alleges in his class complaint filed Feb. 12 in the U.S. District Court for the Northern District of Illinois (Victor Bondi, et al. v. L.L. Bean, Inc., No. 18-1101, N.D. Ill.).



Customer Alleges Airline Violated UCL By Misrepresenting Pricing
LOS ANGELES - A customer on Feb. 2 sued Spirit Airlines Inc. in a California federal court, alleging that it violated California's unfair competition law (UCL) and engaged in false advertising by misrepresenting that its products are the least expensive available (Nikki Giavasis v. Spirit Airlines, Inc., No. 2:18-cv-864, C.D. Calif.).



Rhode Island City Sues Intel For Meltdown, Spectre Security Vulnerabilities
SAN JOSE, Calif. - The city of Providence, R.I., on Feb. 12 filed a consumer protection class action complaint against Intel Corp. in California federal court, charging the microprocessor chip manufacturer with unfair competition and warranty violations related to the recently discovered "Meltdown" and "Spectre" security vulnerabilities that can reportedly affect millions of computers and devices worldwide, resulting in the exposure of users' sensitive information (Providence v. Intel Corp., No. 5:18-cv-00894, N.D. Calif.).



Bankrupt Reinsurance, Insurance Provider Hit With Suit By Former Employees
WILMINGTON, Del. - Former employees of a bankrupt insurance and reinsurance services company filed a putative class action complaint on Feb. 1 in the Delaware bankruptcy court, alleging that they were laid off 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.).



Google Sued For Fraudulent Mobile Data Service Billing Practices
SAN JOSE, Calif. - In a Feb. 5 putative class complaint in California court, a Colorado man claims that Google North America Inc. violates California's unfair competition law (UCL), false advertising law (FAL) and Consumer Legal Remedies Act (CLRA) by billing its mobile service customers for data service obtained from other sources and providers (Gordon Beecher v. Google North America Inc., No. 5:18-cv-00753, N.D. Calif.).



Privacy Violations, Lack Of Medical Care, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging privacy violations, improper medical care for prisoners and violations of the Fair and Accurate Credit Transactions Act.



Temporary Restraining Order Bars Communication With Class In Wage-And-Hour Suit
SAN DIEGO - A California federal judge on Jan. 17 granted a motion for a temporary restraining order (TRO) barring the defendants' counsel in a wage-and-hour suit from contacting potential class members, finding that there could be irreparable harm (Tyrell Glass, et al. v. FMM Enterprises, Inc., et al., No. 17-563, S.D. Calif., 2018 U.S. Dist. LEXIS 8364).



California Supreme Court: No Appeal By Unnamed Class Member Who Didn't Intervene
SAN FRANCISCO - The California Supreme Court on Jan. 29 upheld a decision from 1942 and ruled that an unnamed class member may not appeal a settlement or judgment under California Code of Civil Procedure Section 902 unless he or she has formally intervened before the action is final (Mike Hernandez, et al. v. Restoration Hardware, Inc., No. S233983, Calif. Sup., 2018 Cal. LEXIS 538).



U.S. Supreme Court Denies Follow-Up Certiorari In Spokeo
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 22 denied a petition for certiorari filed by an online data aggregator seeking review of a follow-up question related to standing under Article III of the U.S. Constitution that it claimed was not resolved in a 2016 ruling by the Supreme Court in the same case (Spokeo Inc. v. Thomas Robins, No. 17-806, U.S. Sup.).



$210 Million Hyundai, Kia Fuel Efficiency Settlement Set Aside By 9th Circuit
PASADENA, Calif. - A split Ninth Circuit U.S. Court of Appeals panel on Jan. 23 vacated class certification in a $210 million class settlement reached between consumers and defendants Hyundai Motor America Inc. and its affiliate Kia Motors America Inc. regarding the fuel efficiency of their vehicles, ruling that the District Court abused its discretion in finding that common questions predominate despite variations in state law and certifying the settlement class; the majority remanded for further proceedings (In re Hyundai and Kia Fuel Economy Litigation, Nos. 15-56014, 15-56025, 15-56059, 15-56061, 15-56064, 15-56067, 9th Cir., 2018 U.S. App. LEXIS 1626).



Objector To 9th Circuit: Facebook Message-Scanning Settlement Benefits Counsel
SAN FRANCISCO - The $3.89 million settlement of a class action over Facebook Inc.'s practice of scanning users' private messages (PMs) is unfair, an objecting class member tells the Ninth Circuit U.S. Court of Appeals in a Jan. 25 brief seeking reversal of the settlement's approval, because most of the award goes to class counsel rather than class members (Matthew Campbell, et al. v. Facebook Inc., et al., No. 17-16873, 9th Cir.).



Restaurants Seek Inclusion In $151M West Virginia Water Settlement Class
CHARLESTON, W.Va. - Two restaurants affected by drinking water contamination litigation in West Virginia filed a brief in West Virginia federal court on Jan. 25, arguing that the West Virginia Hospitality and Travel Association (WVHTA) made no effort to determine if the restaurants were properly represented by counsel in decision to opt out of a $151 million class settlement, and now they want to be included (Crystal Good, et al. v. American Water Works Co. Inc., No. 14-1374, S.D. W.Va.).



$1.6M Vita-Mix, Staffing Agency Wages Settlement Is Granted Final Approval
LOS ANGELES - A California federal judge on Jan. 25 rejected objections by an individual who was not a member of the class and granted final approval of a $1.6 million settlement to be paid by Vita-Mix Corp. and a staffing company to end a class complaint by workers alleging that they were misclassified and denied overtime wages and benefits (Rainoldo Gooding, et al. v. Vita-Mix Corporation, et al., No. 16-3898, C.D. Calif., 2018 U.S. Dist. LEXIS 13252).



$6.5 Million HP Pavilion Notebook Settlement Granted Final Approval
SAN JOSE, Calif. - A California judge on Jan. 29 granted final approval of a $6.5 million settlement to be paid by Hewlett-Packard Co. (HP) to end a class complaint accusing the computer maker of selling faulty laptops (Ed Rutledge, et al. v. Hewlett-Packard Company, et al., No. 1-03-CV-817837, Calif. Super., Santa Clara Co.).



NYPD Reaches Settlement With Muslim Officer In Class Suit Over No Facial Hair Rule
NEW YORK - A New York City Police Department (NYPD) officer who sued his employer in a New York federal court over his suspension when he refused to shave his beard, citing religious reasons, moved for preliminary approval of a class action settlement on Jan. 2 after the NYPD agreed to change its policy and provide training on the new policy (Masood Syed, et al. v. City of New York, et al., No. 16-4789, S.D. N.Y.).



Calif. Appeals Panel Reinstates Unruh, UCL Claims Over Tinder Age-Based Pricing
LOS ANGELES - A California appellate panel on Jan. 29 "swipe[d] left" and reversed a trial court's ruling for Tinder Inc., finding that the lower court erred when it ruled that the dating application company did not violate the Unruh Act or California's unfair competition law (UCL) by charging older users more for its premium service than younger users (Allan Candelore v. Tinder, Inc., No. B270172, Calif. App., 2nd Dist., Div. 3, 2018 Cal. App. LEXIS 71).



9th Circuit Affirms Dismissal Of Privacy Suit Against GM, Toyota
SAN FRANCISCO - Plaintiffs claiming privacy and consumer violations against Toyota Motor Corp. and General Motors LLC (GM) failed allege any actual harm from the purported risk of vehicles' computer components being hacked, a Ninth Circuit U.S. Court of Appeals panel ruled Dec. 21, affirming dismissal of their putative class claims for lack of standing under Article III of the U.S. Constitution (Helene Cahen, et al. v. Toyota Motor Corp., et al., No. 16-15496, 9th Cir., 2017 U.S. App. LEXIS 26261).



Judge Finds UCL, Other Claims Related To Nine West's Price Tags Can Proceed
SAN DIEGO - After finding that the question of whether a retailer's price tags on shoes are misleading is a question of fact not appropriate for a motion to dismiss, a California federal judge on Jan. 25 refused to dismiss a purchaser's claims for violation of California's unfair competition law (UCL) and other causes of action against it (Brittany Covell v. Nine West Holdings Inc., No. 3:17-cv-01371, S.D. Calif., 2018 U.S. Dist. LEXIS 12437).



Judge Refuses To Dismiss UCL, FAL Class Claims Related To Restaurant Surcharge
SAN DIEGO - A California federal judge on Jan. 23 denied motions to remand and dismiss a class action filed by a consumer, who alleges that a surcharge added to a restaurant bill violates California's unfair competition law (UCL) and other laws, finding that the claims were based on factual allegations that were not before the court and that the amount in controversy exceeds the federal jurisdictional requirement (Kathleen Holt v. Noble House Hotels & Resorts Ltd., et al., No. 17cv2246, S.D. Calif., 2018 U.S. Dist. LEXIS 10955).



Hospital Employees Say Economic-Loss Doctrine Permits Data-Breach Damages Claims
PITTSBURGH - Employees of a Pennsylvania hospital whose personally identifiable information (PII) was stolen in a 2014 data breach argue in a Dec. 28 brief to the Pennsylvania Supreme Court that the state's economic-loss doctrine does not bar their negligence claim against the hospital or related damages (Barbara A. Dittman, et al. v. UPMC, et al., No. 43 WAP 2017, Pa. Sup.).



Plaintiffs' Claims Against Insurer Reinstated In Data Breach Class Action
ROCHESTER, N.Y. - In light of a Second Circuit U.S. Court of Appeals ruling and newly submitted evidence suggesting potential criminal misuse of policyholders' personally identifiable information (PII), which was stolen in a breach of their insurer's network, a New York federal judge on Jan. 19 found that sufficient allegations of injury from the risk of future identity theft merited reconsideration of her previous decision to dismiss claims brought by some of the plaintiffs in a putative class action against the insurer (Matthew Fero, et al. v. Excellus Health Plan Inc., et al., No. 6:15-cv-06569, W.D. N.Y., 2018 U.S. Dist. LEXIS 8999).



New York Federal Judge Dismisses Suit Over Buffalo Wild Wings' Use Of Beef Tallow
NEW YORK - A New York federal judge on Jan. 19 dismissed a class complaint filed by a vegetarian customer of a chicken wings chain over the use of beef tallow to fry nonmeat items, finding that the plaintiff failed to state a claim (Alexa Borenkoff, et al. v. Buffalo Wild Wings, Inc., et al., No. 16-8532, S.D. N.Y., 2018 U.S. Dist. LEXIS 8888).



Judge: Forward-Looking Statements Did Not Contain Cautionary Language
SAN DIEGO - Although certain statements made by a provider of genetic sequencing systems regarding sales forecasts of one of its product lines were forward-looking, they were not accompanied by the necessary cautionary language as statutorily required, a federal judge in California ruled Jan. 22 in granting in part and denying in part a motion to dismiss filed by defendants in the securities class action lawsuit (In re Illumina Inc. Securities Litigation, No. 16-3044, S.D. Calif., 2018 U.S. Dist. LEXIS 10938).



Maryland Federal Judge Grants Media's Motion To Unseal Info In Tenants' Class Suit
BALTIMORE - A Maryland federal judge on Jan. 26 granted a motion to intervene filed by media organizations in a tenant class complaint against the companies that own more than a dozen Maryland apartment complexes, companies that are owned in part by the son-in-law of the president of the United States; the motion to intervene was filed for the purpose of opposing the defendants' motion for leave to file the supplemental removal statement under seal (Tenae Smith, et al. v. Westminster Management, LLC, et al., No. 17-3282, D. Md., 2018 U.S. Dist. LEXIS 12780).



Split 4th Circuit Remands Nursing Home Class Suit For Forum-Selection Proceedings
RICHMOND, Va. - A split Fourth Circuit U.S. Court of Appeals on Jan. 23 vacated a trial court's ruling that a class suit over alleged breach of contract by a North Carolina nursing home belongs in state court due a forum-selection clause in residents' contracts and remanded for further factual development on the question of whether all of the defendants are bound by the clause (Jeanne T. Bartels, et al. v. Saber Healthcare Group, LLC, et al., Nos. 16-2247 and 16-2416, 4th Cir., 2018 U.S. App. LEXIS 1565).



11th Circuit Partially Reverses Class Denial In Car Rental Insurance Dispute
ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Jan. 25 partially reversed the denial of class certification in a lawsuit filed by a rental car customer from outside the United States who alleges that the rental car company sold supplemental liability insurance or additional liability insurance (collectively, SLI/ALI) without ever actually purchasing coverage for foreign renters (Heather Venerus, et al. v. Avis Budget Car Rental, LLC, et al., No. 16-16993, 11th Cir., 2018 U.S. App. LEXIS 2042).



California Appeals Panel: Class Of Business Banking Officers Is Unmanageable
SAN FRANCISCO - U.S. Bank National Association (USB) business banking officers (BBOs) who claim that they were improperly classified as exempt employees under the outside salesperson exemption failed to show that their case is manageable as a class action, a California appellate panel ruled Jan. 17, affirming a trial court's ruling (Samuel Duran, et al. v. U.S. Bank National Association, No. A148817, Calif. App., 1st Dist., Div. 1, 2018 Cal. App. LEXIS 36).



Class Of Wal-Mart Workers Certified In Suit Alleging Calif. Labor Code Violations
SAN JOSE, Calif. - A California federal judge on Jan. 9 certified a class of Wal-Mart employees suing for violations of the California Labor Code, including a claim that the employer failed to properly calculate overtime wages (Roderick Magadia v. Wal-Mart Associates. Inc., et al., No. 17-62, N.D. Calif., 2018 U.S. Dist. LEXIS 4715).



9th Circuit Won't Review Class Certification In Suit Over Mutual Fund Fees
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals, in a Jan. 24 one-page order, denied a petition for permission to appeal a grant of class certification in a lawsuit for a former employee accusing his employer and its retirement plan investment committee of violating the Employee Retirement Income Security Act by charging 401(k) plan participants excessive fees, rejecting the employer's claim that the employee signed away the right to sue in a severance agreement (Marlon H. Cryer, et al. v. Franklin Resources, Inc., et al., No. 17-80213, 9th Cir., 2018 U.S. App. LEXIS 1842).



Wendy's Opposes Class Certification Of Customers In Data Breach Suit
ORLANDO, Fla. - Customers suing over a 2015/2016 data breach at fast food franchises have proposed class definitions that are "fundamentally flawed," have failed to show that there is common evidence and haven't proven any risk of future harm, Wendy's International LLC argues in its opposition to a motion for class certification filed Jan. 16 in a Florida federal court (Jonathan Torres, et al. v. Wendy's International, LLC, No. 16-210, M.D. Fla.).



4th Circuit Won't Enforce Arbitration Agreements Signed After Class Suit Was Filed
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on Jan. 18 declined to enforce arbitration agreements distributed by a gentlemen's club to its exotic dancers after a wage-and-hour class complaint was already filed (Alexis Degidio, et al. v. Crazy Horse Saloon and Restaurant Inc., et al., No. 17-1145, 4th Cir., 2018 U.S. App. LEXIS 1178).



Partial Disclosure Of Papa John's Consultant's Data Ordered In Drivers' Wage Suit
NEW YORK - Papa John's must turn over documents, except those protected by the attorney-client privilege, from a consultant hired, in part, to analyze alternative approaches to reimbursement of delivery driver vehicle expenses in a class complaint brought by drivers seeking compensation for under-reimbursed deliveries, a New York federal judge ordered Jan. 24 (William Durling, et al. v. Papa John's International, Inc., No. 16-3592, S.D. N.Y., 2018 U.S. Dist. LEXIS 11584).



Ohio Federal Judge: No Stay Or Transfer In 2nd Suit Over Whole Foods Data Breach
CLEVELAND - An Ohio federal judge on Jan. 25 denied a motion to stay or transfer the second class complaint filed against Whole Foods Market Group Inc. over a data breach, finding that there is no overlap in the state law claims made in the two suits and that the case should proceed without interruption (Patricia Banus, et al. v. Whole Foods Market Group, Inc., No. 17-2132, N.D. Ohio, 2018 U.S. Dist. LEXIS 12289).



Facebook IPO Class Action Barred By Professional Services Exclusion, Panel Affirms
NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 22 held that a directors and officers (D&O) liability insurance policy's professional services exclusion unambiguously bars coverage for claims in an underlying Facebook IPO class action lawsuit, affirming a lower court's ruling against an excess errors and omissions (E&O) insurer seeking coverage from the D&O insurer (Beazley Insurance Co. Inc. v. Ace American Insurance Co., et al., No. 16-2812, 2nd Cir., 2018 U.S. App. LEXIS 1372).



2 Remaining Celexa/Lexapro Class Actions Dismissed On Summary Judgment In MDL
BOSTON - The Massachusetts federal judge presiding over the Celexa/Lexapro multidistrict litigation on Jan. 26 granted summary judgment in two remaining class actions (In Re: Celexa and Lexapro Marketing and Sales Practices Litigation, MDL Docket No. 2067, No. 09-2067, Painters and Allied Trades, et al. v. Forest Laboratories, Inc., et al., No. 13-13113, Delana S. Kiossovski, et al. v Forest Laboratories, Inc., et al., No. 14-13848, D. Mass., 2018 U.S. Dist. LEXIS 13579).



Company: Chemical Injury Claims Barred By Statute Of Limitations
NEW YORK - A chemical company filed a brief in New York federal court on Jan. 16 arguing that the district court should reconsider its ruling that determined that personal injury claims related to chemical exposure allegedly suffered on banana plantations were not barred by the statute of limitations (Tobias Bermudez Chavez, et al. v. Occidental Chemical Corporation, No. 17-3459, S.D. N.Y.).



Parties Debate Class Action Status At Delaware High Court In Chemical Injury Case
DOVER, Del. - Attorneys for two chemical companies and those representing a class of plaintiffs on Jan. 17 debated before the Delaware Supreme Court the question of whether a long-standing class action related to alleged injuries from chemical exposure on banana plantations was still active (Luis Antonio Aguilar Marquinez, et al., v. Dow Chemical Co., et al., No. 231, 2017, Del. Sup.).



Individuals, Businesses File Class Suit For Losses From Fire, Montecito Mudslides
LOS ANGELES - Southern California Edison Co. and Edison International (collectively, SCE) own, operate and improperly maintained unsafe electrical infrastructure that caused a December 2017 fire in southern California that, in turn, triggered a January 2018 mudslide, killing nearly two dozen people and destroying homes and business, individuals and businesses allege in a Jan. 24 class complaint filed in the Los Angeles County Superior Court, seeking an unnamed amount for damages and destruction of property, loss of use of property, loss of business, other damages and attorney fees (Victoria Frost, et al. v. Southern California Edison Company, et al., No. BC691146, Calif. Super., Los Angeles Co.).



Amended Class Suit Filed Against Federal Government Over Hurricane Flooding
WASHINGTON, D.C. - Property owners in the Houston area whose homes were built within the "maximum design pool" of two federal reservoirs and flooded due to the rainfall during Hurricane Harvey and the resulting flood pool created behind and upstream of the two dams filed a master amended class complaint against the federal government on Jan. 16 in the U.S. District Court of Federal Claims, alleging that the government's actions constitute a taking under the Fifth Amendment to the U.S. Constitution and seeking compensation for that taking (In re Upstream Addicks and Barker [Texas] Flood-Control Reservoirs, No. 17-9001, Fed. Clms.).



Motel 6 Latino Guests File Class Complaint After Guest Info Is Turned Over To ICE
PHOENIX - Motel 6 Operating L.P. and G6 Hospitality LLC, doing business as Motel 6, maintain a policy of disclosing guest registration information to agents of U.S. Immigration and Customs Enforcement (ICE) within the Department of Homeland Security (DHS) without requiring a warrant or reasonable suspicion of criminal acidity in violation of the U.S. Constitution, federal civil rights statutes and Arizona statutes, several unnamed Latino guests allege in a class complaint filed Jan. 23 in the U.S. District Court for the District of Arizona (Jane V., et al. v. Motel 6 Operating L.P., et al., No. 18-242, D. Ariz.).



Class Of Workers Alleges Collusion Between FCA And Auto Workers Union
ANN ARBOR, Mich. - FCA US LLC and the International Union, United Automobile, Aerospace and Agricultural Implement Workers of America (UAW) colluded when FCA offered bribes and UAW accepted the bribes in exchange for company-friendly positions at the bargaining table and elsewhere, workers allege in a class complaint filed Jan. 26 in the U.S. District Court for the Eastern District of Michigan (Beverly L. Swanigan, et al. v. FCA US, LLC, No. 18-10319, E.D. Mich.).



Class Action Suit Challenges Approval Of Kentucky's Medicaid Work Requirement
WASHINGTON, D.C. - A number of Kentucky residents filed a class action suit on Jan. 24 in District of Columbia federal court, challenging a Medicaid work requirement implemented in Kentucky and approved by the federal government under a new approach to Medicaid waivers on the basis that the waiver exceeds the authority of the U.S. Department of Health and Human Services (Ronnie Maurice Stewart, et al., v. Eric Hargan, et al., No. 18-152, D. D.C.).



Jimmy John's Employee Files Class Suit Over Nonsolicitation Agreements
EAST ST. LOUIS, Ill. - Employee nonsolicitation and no-hire agreements between Jimmy John's restaurant franchisees have caused employees to suffer from reduced wages and benefits and diminished employment opportunities, a former employee alleges in his class complaint filed Jan. 24 in the U.S. District Court for the Southern District of Illinois (Sylas Butler, et al. v. Jimmy John's Franchise, LLC, et al., No. 18-1333, S.D. Ill.).



Excessive Rent Fees, Wage, Fiduciary Duty, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging excessive rent late fees, wage-and-hour violations, breach of fiduciary duty, breach of contract and false advertising.



Split 5th Circuit: 2 Suits Over Radioactive Material May Be Removed As Mass Action
NEW ORLEANS - Two personal injury lawsuits related to naturally occurring radioactive material (NORM), one of which was filed before the effective date of the Class Action Fairness Act (CAFA), may be removed to a federal court under CAFA as a mass action after the plaintiffs sought to consolidate the two cases, a divided Fifth Circuit U.S. Court of Appeals panel ruled Jan. 9 (Warren Lester, et al. v. Exxon Mobil Corporation, et al., Shirley Bottley, et al. v. Exxon Mobil Corporation, et al., No. 14-31383, 5th Cir., 2018 U.S. App. LEXIS 547).



Federal Judge: New Hampshire's Opioid Lawsuit Isn't A Class Action; Case Remanded
CONCORD, N.H. - A New Hampshire federal judge on Jan. 9 granted a motion by New Hampshire to remand its opioid lawsuit against Purdue Pharma LP to state court, agreeing that the state's lawsuit as a parens patriae action does not convert it into a federally removable class action under the Class Action Fairness Act (CAFA), 119 Stat. 4 (State of New Hampshire v. Purdue Pharma, et al., No. 17-427, D. N.H, 2018 U.S. Dist. LEXIS 3492).



Class Suit Over Potato Chips' Labeling Is Kept In California Federal Court
SAN DIEGO - A California federal judge on Jan. 9 denied a motion by two consumers to remand a class suit over the labeling of salt and vinegar potato chips, finding that the amount in controversy meets the Class Action Fairness Act (CAFA) requirement (Barry Allred, et al. v. Kellogg Company, et al., No. 17-1354, S.D Calif., 2018 U.S. Dist. LEXIS 3998).



N.J. Federal Judge Sends FACTA Receipt Class Suit Back To Illinois State Court
NEWARK, N.J. - A New Jersey federal judge on Jan. 11 adopted a federal magistrate judge's recommendations and sent a class complaint alleging that the printing of more than five digits of credit card numbers on receipts violated the Fair and Accurate Credit Transactions Act (FACTA) amendment to the Fair Credit Reporting Act back to an Illinois state court (Anita Parker, et al. v. J. Crew Grp., Inc., et al., No. 17-1214, D. N.J., 2018 U.S. Dist. LEXIS 5360).



Lenders, Marketing Companies Deemed Not Liable For Third Party's Unlawful Texts
SAN FRANCISCO - Three lenders and two marketing companies that purchased leads that had been obtained in a manner that violated the Telephone Consumer Protection Act (TCPA) had no way of knowing that a federal law had been violated, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 10, affirming a trial court decision clearing those companies of liability (Flemming Kristensen v. Credit Payment Services Inc., et al., No. 16-15823, 9th Cir., 2018 U.S. App. LEXIS 650).



Lack Of Injury Dooms FACTA Class Suit Against Burger King
MIAMI - A customer's class complaint over a fast food chain's failure to truncate credit card numbers on its receipts fails due to the plaintiff's lack of injury or appreciable risk of harm, a Florida federal judge ruled Jan. 5 (Andrew Tarr, et al. v. Burger King Corporation, No. 17-23776, S.D. Fla., 2018 U.S. Dist. LEXIS 2176).



Class Suit Over Costco's Canned Chicken Labeling Tossed For No Claims
WHITE PLAINS, N.Y. - A New York federal judge on Jan. 10 granted a motion to dismiss a class complaint accusing a membership-only warehouse club of deceptively marketing its canned chicken at a price per pound that included the weight of the water in the can, finding that reasonable consumers would not be misled by the plan language on the packaging (Mary La Vigne, et al. v. Costco Wholesale Corporation, No. 16-7924, S.D. N.Y., 2017 U.S. Dist. LEXIS 5308).



Judge Allows UCL, CLRA Class Claims Against Dive Equipment Maker To Proceed
SAN DIEGO - A California federal judge on Jan. 8 found that purchasers of allegedly defective dive computers sufficiently alleged facts to allow their claims for violation of California's unfair competition law (UCL) and Consumers Legal Remedies Act (CLRA) to survive dismissal, but granted the maker of the equipment's motion to strike a third-party complaint against it (Ralph A. Huntzinger, et al. v. Aqua Lung America Inc., et al., No. 15cv1146, S.D. Calif., 2018 U.S. Dist. LEXIS 3222).



N.J. Federal Judge Tosses Sherman Act Class Suit Over Range Rover Overseas Resales
NEWARK, N.J. - A Range Rover owner who alleged that the car marker's contract for buyers barring them from reselling their vehicles overseas violates the Sherman Act and numerous state antitrust and consumer protection laws may not proceed with his class claims because he failed to allege actions that restrained trade or identify a cognizable relevant market, a New Jersey federal judge ruled Jan. 9 (Brian Baar v. Jaguar Land Rover North America, LLC, et al., No. 17-4142, D. N.J., 2018 U.S. Dist. LEXIS 3867).



Judge Dismisses Some Claims In ERISA Class Action Against Vanderbilt University
NASHVILLE, Tenn. - A Tennessee federal judge on Jan. 5 granted in part and denied in part Vanderbilt University's motion to dismiss a putative class action lawsuit accusing it of mismanaging its employee retirement plans in violation of the Employee Retirement Income Security Act (Loren L. Cassell, et al. v. Vanderbilt University, et al., No. 16-02086, M.D. Tenn., 2018 U.S. Dist. LEXIS 2364).



Judge Refuses To Dismiss Added Plan Participant's Breach Of Fiduciary Duty Claim
CHICAGO - An Illinois federal judge on Jan. 10 denied the University of Chicago's motion to dismiss a breach of fiduciary duty claim that was brought by a retirement plan participant who was added as a plaintiff in a first amended complaint alleging excessive fees (Winifred J. Daugherty, et al. v. The University of Chicago, No. 17-3736, N.D. Ill.).



New York Federal Judge Dismisses Class Claims Over PBM's Pricing, Allows Amendment
NEW YORK - A New York federal judge on Jan. 5 dismissed Employee Retirement Income Security Act and Racketeer Influenced and Corrupt Organizations Act class claims against the largest pharmacy benefits manager (PBM) and a health insurance provider over prescription pricing, but gave the plaintiffs 21 days to file a third amended complaint (In re Express Scripts/Anthem ERISA Litigation, No. 16-3399, S.D. N.Y., 2018 U.S. Dist. LEXIS 3081).



6th Circuit Won't Review Certification In Nurses' Missed Breaks Wage Suit
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Jan. 8 denied an employer's petition for permission to appeal a district court's certification of a class of nurses in a collective action filed under the Fair Labor Standards Act (FLSA) seeking wages for missed breaks (In re: Marietta Memorial Hospital, et al., No. 17-0312, 6th Cir., 2018 U.S. App. LEXIS 460).



2nd Circuit Will Not Reconsider Ruling In Dark Pool Securities Class Appeal
NEW YORK - The Second Circuit U.S. Court of Appeals on Jan. 5 said it will not reconsider its Nov. 6 ruling that a federal judge did not err in granting a motion for class certification filed by shareholders in a securities class action lawsuit even though the judge erred in applying the U.S. Supreme Court's ruling in Affiliated Ute Citizens of Utah v. United States Affiliated Ute Citizens of Utah v. United States (Joseph Waggoner, et al. v. Barclays PLC, et al., No. 16-1912, 2nd Cir.).



Franchisors Object To Recommended Partial Judgment In Applebee's Wage Suit
BROOKLYN, N.Y. - Franchisors of Applebee's restaurants in the greater New York City area on Jan. 11 filed objections in the U.S. District Court for the Eastern District of New York to a magistrate judge's report and recommendation granting partial summary judgment and class certification to employees alleging that millions of dollars of wages were stolen from them (Carlos Marin, et al. v. Apple-Metro, Inc., et al., No. 12-5274, Shaunta Dove, et al. v. Apple-Metro, Inc., et al., No. 13-1417, E.D. N.Y.)



Class Of Eddie Bauer Employees Certified In Bag Check Suit
SAN JOSE, Calif. - A California federal judge on Jan. 10 ruled that claims for unpaid minimum and overtime wages, wage statement violations and violations of California's unfair competition law (UCL) are appropriate for class treatment in a lawsuit brought by Eddie Bauer LLC employees who allege that they were denied pay for time spent undergoing bag checks before they left the stores (Stephanie Heredia v. Eddie Bauer LLC, No. 16-6236, N.D. Calif., 2018 U.S. Dist. LEXIS 4747).



Florida Federal Magistrate Denies Motion To Strike Class, Subclass In TCPA Suit
ORLANDO, Fla. - A Florida federal magistrate judge on Jan. 11 denied a motion by Cigna Corp. to strike a proposed class and subclass in a lawsuit accusing the company of violating the Telephone Consumer Protection Act (TCPA) by placing automated calls to individuals who did not give their consent and to wrong numbers (Crystal DeJesus v. Cigna Corporation, No. 17-1208, M.D. Fla., 2017 U.S. Dist. LEXIS 5149).



Securities Suit Remanded For Proper Application Of Basic Reliance Standard
NEW YORK - It is unclear whether a federal district court properly applied the correct standard in determining that defendants in a securities class action lawsuit failed to properly rebut the presumption of reliance by a preponderance of the evidence as required pursuant to the U.S. Supreme Court's ruling in Basic Inc. v. Levinson, a Second Circuit U.S. Court of Appeals panel ruled Jan. 12 in vacating and remanding the lower court's grant of class certification (Arkansas Teachers Retirement System, et al. v. Goldman Sachs Group Inc., et al., No. 16-0250, 2nd Cir., 2018 U.S. App. LEXIS 810).



Parties Debate Whether Follow-Up Certiorari Is Merited In FCRA Article III Dispute
WASHINGTON, D.C. - In a Jan. 3 reply brief supporting its certiorari petition, an online data aggregator that has twice received adverse rulings on a Fair Credit Reporting Act (FCRA) complaint against it asks the U.S. Supreme Court to grant review to address a follow-up question pertaining to standing under Article III of the U.S. Constitution that it says was not resolved in a 2016 ruling by the high court in the same case (Spokeo Inc. v. Thomas Robins, No. 17-806, U.S. Sup.).



High Court Strikes Supplemental Brief In SLUSA Preemption Suit
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 granted a communications networks hardware and software supplier's motion to strike shareholders' supplemental brief challenging a California Superior Court ruling that the shareholders in a securities class action are not preempted by the Securities Litigation Uniform Standards Act (SLUSA) from bringing their Securities Act of 1933 claims (Cyan Inc. v. Beaver County Employees Retirement Fund, et al., No. 15-1439, U.S. Sup.).



2nd Petition Filed Challenging Cy Pres Ruling In Settlement Of Claims Against USDA
WASHINGTON, D.C. - A representative for a class of Native American farmers who settled their discrimination claims against the U.S. Department of Agriculture for $680 million filed a second petition for a writ of certiorari with the U.S. Supreme Court on Dec. 19, challenging the distribution of surplus settlement funds to cy pres parties (Keith Mandan v. Sonny Perdue, et al., No. 17-897, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 5094).



High Court Will Not Review Representational Standing Ruling In Pension Case
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 8 declined to review a Second Circuit U.S. Court of Appeals ruling that a defined-benefit pension plan participant has representational standing to sue brokers who manage funds on behalf of the plan for breach of fiduciary duties under the Employee Retirement Income Security Act (Convergex Group LLC, et al. v. Landol Fletcher, No. 17-343, U.S. Sup.).



Google Buzz Class Action Settlement Objector Denied Certiorari Bid
WASHINGTON, D.C. - In its Jan. 8 order list, the U.S. Supreme Court denied a petition for certiorari by a man who claimed to have opted out of the 2011 settlement of a privacy class action against Google Inc. over its now-defunct Google Buzz feature, letting stand a Ninth Circuit U.S. Court of Appeals ruling affirming dismissal of the suit under the doctrine of res judicata (Michael Amalfitano v. Google Inc., No. 17-358, U.S. Sup.).



No Stay In Wages Class Suit While California High Court Considers Questions
SACRAMENTO, Calif. - A California federal judge on Jan. 10 denied a motion to stay a certified class action seeking wages for time spent going through bag checks and unreimbursed business expenses pending decisions by the California Supreme Court in two cases concerning wages, finding "a fair possibility" of harm to class members with a stay (Jimmy Greer, et al. v. Dick's Sporting Goods, Inc., et al., No. 15-1063, E.D. Calif., 2018 U.S. Dist. LEXIS 4711).



Auto Wrecking Company To Pay $195,000 To Settle FACTA Class Suit
FRESNO, Calif. - A California federal judge on Jan. 5 granted preliminary approval of a $195,000 class action settlement to be paid by an auto wrecking and recycling company to end claims that it violated the Fair and Accurate Credit Transactions Act (FACTA) by printing credit and debit card expiration dates on its receipts (Cirena Torres, et al. v. Pick-A-Part Auto Wrecking, et al., No. 16-1915, E.DCalif., 2018 U.S. Dist. LEXIS 2446).