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

LexisNexis® Mealey's™ Class Actions Legal News



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Split 9th Circuit Upholds Class Arbitration In Data Breach Suit
PASADENA, Calif. - An employee who sued his employer following a data breach must arbitrate his claims but may proceed representing a class because the agreement he signed doesn't bar class arbitration, a split Ninth Circuit U.S. Court of Appeals panel ruled Aug. 3 (Frank Varela, et al. v. Lamps Plus, Inc., et al., No. 16-56085, 9th Cir., 2017 U.S. App. LEXIS 14284).



11th Circuit: Arbitration Agreement Signed After Class Suit Is Valid
ATLANTA - An arbitration agreement signed by an employee after he already filed a class complaint against his employer over a background check is valid and prevents the lawsuit from proceeding, the 11th Circuit U.S. Court of Appeals ruled Aug. 7 (William Jones, et al. v. Waffle House, Inc., et al., No. 16-15574, 11th Cir., 2017 U.S. App. LEXIS 14497).



Gas Royalty Owners' Class Survived Case Dismissal, May Proceed With Arbitration
DENVER - A class of Colorado oil and gas royalty owners survived the 2008 dismissal of their suit alleging underpayment, and that same class may now proceed with classwide arbitration of claims that the underpayment of royalties continues, a Colorado appellate panel ruled Aug. 10 (EnCana Oil & Gas (USA), Inc. v. Sally Miller, et al., No. 16CA1979, Colo. App., Div. 2, 2017 Colo. App. LEXIS 1009).



Subbing Plaintiff Denied 3 Years After Deadline In Frito-Lay Labeling Class Suit
SAN FRANCISCO - A California federal judge on Aug. 14 denied a motion to substitute the lead plaintiff in a class lawsuit over the labeling on certain Frito-Lay North America Inc. products, finding that the plaintiffs failed to show that there was good cause for allowing the substitution more than three years after the deadline for adding plaintiffs (Markus Wilson, et al. v. Frito-Lay North America, Inc., No. 12-1586, N.D. Calif., 2017 U.S. Dist. LEXIS 129053).



9th Circuit: Alleged Harm From Inaccurate Online Listing Is Concrete Injury
SAN FRANCISCO - Considering remand instructions from the U.S. Supreme Court, a Ninth Circuit U.S. Court of Appeals panel on Aug. 15 again ruled in favor of a man that charged a data aggregator with Fair Credit Reporting Act (FCRA) violations for posting inaccurate information about him, deeming the alleged resulting harm to be sufficiently concrete to constitute an injury-in-fact to establish standing under Article III of the U.S. Constitution (Thomas Robins v. Spokeo Inc., No11-56843, 9th Cir., 2017 U.S. App. LEXIS 15211).



D.C. Circuit: Identity Theft Risk From Data Breach Is An Injury-In-Fact
WASHINGTON, D.C. - The plaintiffs in a putative negligence class action against their insurer sufficiently alleged that the access of their personally identifiable information (PII) in a data breach created an increased risk of identity theft and, thus, an injury, a District of Columbia Circuit U.S. Court of Appeals ruled Aug. 1, reversing a trial court's dismissal for lack of standing (Chantal Attias, et al. v. CareFirst Inc., et al., No. 16-7108, D.C. Cir., 2017 U.S. App. LEXIS 13913).



Borrowers Suing Over Distressed Mortgage Fees Must Show Proper Notice
SACRAMENTO, Calif. - A California federal judge on Aug. 10 partially granted a motion to dismiss class claims brought by borrowers against Nationstar LLC and Solutionstar LLC, both subsidiaries of Nationstar Mortgage Holdings Inc., alleging that the defendants unfairly and excessively charged them for distressed mortgage fees and gave those plaintiffs for whom Nationstar had been shown to be the lenders' assignee one chance to show that they complied with the uniform Deeds of Trust's notice-and-cure provision (Eugenio and Rosa Contreras, et al. v. Nationstar LLC, et al., No. 16-302, E.D. Calif., 2017 U.S. Dist. LEXIS 127357).



Apple Extended Warranty Class Suit Partially Survives Dismissal Motion
LOS ANGELES - A consumer suing Apple Inc. for allegedly shortchanging him several days on the extended warranty he purchased has standing to bring suit, but must resolve some deficiencies in his complaint, a California federal judge ruled Aug. 10, granting in part and denying in part Apple's motion to dismiss (Mitch Kalcheim, et al. v. Apple, Inc., et al., No. 16-9324, C.D. Calif., 2017 U.S. Dist. LEXIS 127332).



Texas Federal Judge Finds No Injury Dooms FACTA Class Suit
DALLAS - A lead plaintiff's class suit under the Fair and Accurate Credit Transactions Act (FACTA) that accuses a supermarket of not properly truncating customers' information on its receipts fails due to no showing of injury in fact, a Texas federal judge ruled Aug. 9 (Sumeet Batra, et al. v. RLS Supermarkets LLC, No. 16-2874, N.D. Texas, 2017 U.S. Dist. LEXIS 125877).



7th Circuit Finds Chicago Officers' Overtime Suit Fails For Never Requesting Pay
CHICAGO - Chicago police officers who filed a collective action claiming that they were denied pay for time spent checking their electronic devices failed to show that they requested such payment and were denied it, the Seventh Circuit U.S. Court of Appeals ruled Aug. 3, upholding a trial court's ruling for the city (Jeffrey Allen, et al. v. City of Chicago, No. 16-1029, 7th Cir., 2017 U.S. App. LEXIS 14230).



9th Circuit Finds Nordstrom Employees Failed To Show They Had To Work 7 Days A Week
PASADENA, Calif. - Two workers who claimed that their employer, Nordstrom Inc., violated California law failed to show that they were forced to work more than six consecutive days in any one work week, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 3 (Christopher Mendoza, et al. v. Nordstrom Inc., Nos. 12-57130 and 12-57144, 9th Cir., 2017 U.S. App. LEXIS 14249).



11th Circuit Rejects Appeals By Unnamed Former Dukes Plaintiffs As Untimely, Moot
ATLANTA - Unnamed plaintiffs in a suit stemming from Wal-Mart Stores, Inc. v. Dukes, 564 U.S. 338 (2011), that alleged gender discrimination and sought certification of regional classes, filed an untimely appeal of the dismissal of class claims, an 11th Circuit U.S. Court of Appeals panel ruled Aug. 3, adding that their appeal of the order denying their motion to intervene is moot (Penelope Morris, et al. v. Wal-Mart Stores, Inc., No. 15-15260, 11th Cir., 2017 U.S. App. LEXIS 14261).



11th Circuit Affirms Dismissal Of Class Action Alleging Injury From Metal Particles
ATLANTA - The 11th Circuit U.S. Court of Appeals on Aug. 7 affirmed dismissal of a class action, agreeing that the two plaintiffs did not show that metallic particles found in their brains after heart surgery were from a medical device or that the particles constituted an injury (Gabriel Fernando Nassar Cure, et al. v. Intuitive Surgical Inc., et al., No. 17-10-978, 11th Cir., 2017 U.S. App. LEXIS 14463).



Judge Trims Claims In Securities Class Action Against Drug Maker, Others
PHOENIX - A lead plaintiff in a securities class action lawsuit against a commercial-stage specialty pharmaceutical company and certain of its current and former executive officers has failed to show that a majority of the defendants' alleged misrepresentations concealing their involvement in an illegal kickback scheme with doctors were actionable and that seven of 10 alleged corrective disclosures had any causal connection to the alleged fraud, a federal judge in Arizona ruled Aug. 1 in granting in part and denying in part the defendants' motion to dismiss (Richard Di Donato, et al. v. Insys Therapeutics Inc., et al., No.16-0302, D. Ariz., 2017 U.S. Dist. LEXIS 120983).



Michigan Federal Judge Dismisses Suit Alleging Defective Dodge Rotary Shifters
DETROIT - A consumer accusing FCA US LLC of selling certain Dodge Ram and Dodge Durango models with allegedly defective gearshift systems that cause rollaway incidents when the cars indicated they were in park failed to state a claim under California's unfair competition law (UCL) for any affirmative misrepresentation and failed to show that FCA actively concealed a defect, a Michigan federal judge ruled Aug. 11, granting FCA's motion to dismiss (Donald J. Beck v. FCA US LLC, No. 17-10267, E.D. Mich., 2017 U.S. Dist. LEXIS 127724).



Judge Dismisses Kosher Product Mislabeling Claims For Lack Of Jurisdiction
SAN FRANCISCO - A California federal judge on Aug. 3 granted a candy maker and seller's motion to dismiss a class action lawsuit filed against it in relation to alleged mislabeling of its kosher products, finding that the amount in controversy did not meet a $5 million jurisdictional requirement (Avi Weiss v. See's Candy Shops Inc., et al., No. 16-cv-00661, N.D. Calif., 2017 U.S. Dist. LEXIS 122671).



California Appeals Panel: Long-Term Renters Suing Airbnb Lack Standing Under UCL
SAN FRANCISCO - A class of long-term renters suing Airbnb Inc. in part for injury in fact due to the company's short-term renters causing damage to common resources failed to demonstrate standing under California's unfair competition law (UCL), a California appellate panel ruled Aug. 10 in an unpublished opinion (Louis Gamache, et al. v. Airbnb, Inc., No. A146179, Calif. App., 1st Dist., Div. 5, 2017 Cal. App. Unpub. LEXIS 5501).



Judge Dismisses UCL Claims Against Department Store For Lack Of Standing
LOS ANGELES - After finding that purchasers failed to show that they lacked standing to assert claims for violation of California's unfair competition law (UCL) in relation to a department store's product labeling, a California federal judge on Aug. 2 granted summary judgment for the store and denied a motion for class certification as moot (Jose Jacobo, et al. v. Ross Stores Inc., No. 15-04701, C.D. Calif., 2017 U.S. Dist. LEXIS 125307).



7th Circuit Rejects 1.75 Attorney Fee Multiplier In Sears Moldy Washer Class Suit
CHICAGO - Despite finding that the average multiplier in the Seventh Circuit U.S. Court of Appeals is 1.85, a panel on Aug. 14 rejected a 1.75 multiplier for attorney fees in a settled case over defective and moldy Sears, Roebuck and Co. and Whirlpool Corp. (collectively, Sears) washing machines and remanded with directions to award class counsel $2.7 million in fees (In re Sears, Roebuck and Co. Front-Loading Washer Products Liability Litigation, No. 16-3554, 7th Cir., 2017 U.S. App. LEXIS 15034).



Celexa/Lexapro MDL Judge Denies Pediatric RICO Class Certification
BOSTON - A Massachusetts federal judge presiding over the Celexa/Lexapro multidistrict litigation on Aug. 15 denied certification of a class of adolescent users of the antidepressant, saying individual issues will predominate (In Re: Celexa and Lexapro, No. 09-2067, Delana S. Kiossovski, et al. v. Forest Laboratories, Inc., et al., No. 14-13848, D. Mass., 2017 U.S. Dist. LEXIS 129387).



Magistrate Judge Recommends No Class Certification In Computer Seller Spyware Suit
ERIE, Pa. - A Wyoming couple's claims that computer seller and lessor and its franchisee violated the Electronic Communications Privacy Act (ECPA) by installing spyware on its computers are not suited for class certification because individualized issues pertaining to liability predominate, a Pennsylvania federal magistrate judge ruled Aug. 4 (Crystal Byrd, et al. v. Aaron's, Inc., et al., No. 11-101, W.D. Pa., 2017 U.S. Dist. LEXIS 124291).



Pennsylvania Federal Judge Says 401(k) Lawsuit Cannot Proceed As Class Action
PHILADELPHIA - A Pennsylvania federal judge on Aug. 7 ruled in an issue of first impression for the Third Circuit that a 401(k) plan participant's lawsuit against a company, its retirement plan and its administrators may not proceed as a class action because the plaintiff has failed to allege that he is an adequate representative of other plan participants (Jason Mendenhall v. Out of Site Infrastructure, Inc., et al., No. 2:14-4996, E.D. Pa., 2017 U.S. Dist. LEXIS 124341).



Class Suit By 'On Call' Workers Seeking Breaks Is Sent Back To State Court
SACRAMENTO, Calif. - A California federal judge on Aug. 9 ruled that a class lawsuit by retail "key carrier" employees who claim that they were denied rest and meal breaks because they were always on call belongs in state court because the defendant failed to meet its heightened burden of proving that the amount in controversy exceeds $5 million (Eric Farley, et al. v. Dolgen California LLC, et al., No. 16-2501, E.D. Calif., 2017 U.S. Dist. LEXIS 126540).



Wage Class Suit Parties Ordered To Accept Surveys Filed Up To 1 Month Late
CLEVELAND - The parties in a class suit over the misclassification of door-to-door salespeople that ended with a jury finding for the plaintiffs on the issue of liability for unpaid wages must accept surveys regarding the hours the affected employees worked during the overtime pay period that were filed up to a month after the April 4 deadline, an Ohio federal judge ruled Aug. 10 (Davina Hurt, et al. v. Commerce Energy, Inc., et al., No. 12-758, N.D. Ohio, 2017 U.S. Dist. LEXIS 128850).



Uber Seeks To Settle Unwanted Text Messages Class Suit For $20 Million
CHICAGO - Plaintiffs representing three classes of individuals who received unsolicited text messages from Uber Technologies Inc. moved Aug. 11 for preliminary approval of a $20 million settlement (Maria Vergara, et al. v. Uber Technologies, Inc., No. 15-6942, N.D. Ill.).



$22.5 Million Google Adwords Settlement Is Granted Final Approval
SAN JOSE, Calif. - A California federal judge on Aug. 7 granted final approval of a $22.5 million settlement of a class action over Google Inc.'s AdWords program under California's unfair competition law (UCL) and false advertising law (FAL) (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.).



Uber To Settle Safe Rides Fee Class Claims For $32.5M
SAN FRANCISCO - A California federal judge on Aug. 7 granted preliminary approval of an amended class settlement in a suit against Uber Technologies Inc. and Raiser LLC (collectively Uber) over the company's alleged misrepresentations and omissions regarding its "Safe Rides Fee" and the safety measures it takes under which Uber will provide a $32.5 million nonreversionary settlement fund (Byron McKnight, et al. v. Uber Technologies, Inc., et al., No. 14-5615, N.D. Calif., 2017 U.S. Dist. LEXIS 124534).



Unopposed Motion Filed Seeking $42.5M Settlement Of Church Plan Lawsuit
NEWARK, N.J. - The plaintiffs in a consolidated Employee Retirement Income Security Act class action against a health care provider on Aug. 3 filed an unopposed motion for preliminary approval of a $42.5 million class action settlement agreement with the provider (Donna Garbaccio, et al. v. St. Joseph's Hospital and Medical Center and Subsidiaries, et al., No. 2:16-cv-02740, D. N.J.).



$41.9M Judgment Against Safeway Over Higher Online Prices Is Upheld
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Aug. 4 upheld a trial court's $41,884,767 class action judgment against Safeway Inc. in a lawsuit over the grocer's practice of pricing grocery items on its website an average of 10 percent higher than the same items in its stores without notifying consumers (Michael Rodman, et al. v. Safeway, Inc., No. 15-17390, 9th Cir., 2017 U.S. App. LEXIS 14397).



Judge Allows Discovery Of Absent Members Of A Class In Fracking Lease Dispute
DALLAS - A federal judge in Texas on July 20 granted a hydraulic fracturing company's motion for leave to file limited discovery on absent members of a class that is suing the company related to oil and gas leases (Arbuckle Mountain Ranch of Texas Inc., et al. v. Chesapeake Energy Corporation, et al., No. 14-4584, N.D. Texas).



Extended Warranty Company Deemed Not Liable For Marketing Calls That Violated TCPA
SAN FRANCISCO - A company that provides vehicle service contracts (VSC), also known as extended warranties, cannot be held vicariously liable for telephone calls by telemarketers from All American Auto Protection Inc. (AAAP) that violated the Telephone Consumer Protection Act (TCPA) because the telemarketers were not acting as its agents, the Ninth Circuit U.S. Court of Appeals ruled Aug. 9 (Charles A. Jones, et al. v. Royal Administration Services, Inc., No. 15-17328, 9th Cir., 2017 U.S. App. LEXIS 14671).



7th Circuit Upholds Ruling For Cosmetology School In Wage Suit By Students
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Aug. 14 upheld a trial court's summary judgment ruling for a chain of cosmetology schools sued by a proposed class of students seeking wages for time spent in the schools' salons (Venitia Hollins v. Regency Corporation, et al., No. 15-3607, 7th Cir., 2017 U.S. App. LEXIS 15076).



Walgreens, CVS Hit With Class Suits Alleging Generic Drug Overpricing
CHICAGO - Two groups of consumers, both represented by Hagens Berman, filed two separate class complaints, one in the U.S. District Court for the District of Rhode Island on Aug. 7 and the second in the U.S. District Court for the Northern District of Illinois on Aug. 9, accusing CVS Health Corp. and Walgreens Boots Alliance Inc., respectively, of fraudulently driving up the cost of generic drugs (Megan Schultz, et al. v. CVS Health Corporation, No. 17-359, D. R.I., David Grabstald, et al. v. Walgreens Boots Alliance, Inc., No. 17-5789, N.D. Ill.).



Lyft Driver Files Class Complaint Alleging Underpaid Wages
TRENTON, N.J. - A driver for Lyft Inc., a transportation service ordered by customers via a mobile phone application, filed a class complaint on Aug. 15 in New Jersey federal court accusing Lyft of misrepresenting to drivers the fares being paid by riders and, as a result, paying drivers less than the amount to which they are contractually entitled (Keara Nieves, et al. v. Lyft, Inc., No. 17-6146, D. N.J.).



Class Suit Accuses Disney Of Tracking Children's Data Via Apps And Selling It
SAN FRANCISCO - The Walt Disney Co. and its partners violate the Children's Online Privacy Protection Act (COPPA) by capturing children's personally identifying information while they are playing Disney's online games via smart phone apps and then selling that information to third parties, a California woman and her minor child allege in an Aug. 3 class complaint filed in the U.S. District Court for the Northern District of California (Amanda Rushing, et al. v. The Walt Disney Company, et al., No. 17-4419, N.D. Calif.).



Viacom Faces Class Suit Alleging Violations Of Child Online Privacy Laws
SAN FRANCISCO - Several days after filing a complaint accusing The Walt Disney Co. and its partners of violating the Children's Online Privacy Protection Act (COPPA), a California woman on Aug. 7 filed a second nearly identical class action lawsuit in the U.S. District Court for the Northern District of California accusing Viacom Inc. and its partners of capturing and selling children's personally identifying information (Amanda Rushing, et al. v. Viacom Inc., et al., No. 17-4492, N.D. Calif.).



TCPA, Deceptive Marketing, Privacy Invasion, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging Telephone Consumer Protection Act violations, deceptive marketing of blueberry donuts and naan, invasion of privacy and wage violations.



4th Circuit Rules On What Defendant Must Provide To Show Federal Jurisdiction
RICHMOND, Va. - A cellular service provider seeking to establish federal jurisdiction under the Class Action Fairness Act (CAFA) must provide a federal court with enough facts that it can find "that it is more likely than not that the class action belongs in federal court," a Fourth Circuit U.S. Court of Appeals panel ruled July 28 (Michael A. Scott, et al. v. Cricket Communications, LLC, No. 16-2300, 4th Cir., 2017 U.S. App. LEXIS 13718).



Citizenship Claim Is Deemed Insufficient For CAFA Removal
ORLANDO, Fla. - A defendant's allegation regarding the plaintiff's citizenship based only "upon information and belief" is insufficient for removal under the Class Action Fairness Act, a Florida federal judge ruled July 25 (Frank Ayers v. State Farm Mutual Automobile Insurance Company, et al., No. 17-1265, M.D. Fla., 2017 U.S. Dist. LEXIS 115829).



8th Circuit Reverses Finding That Class Attorneys Abused Judicial Process
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on July 25 reversed a ruling by an Arkansas trial court that found that attorneys for both sides of a class action insurance dispute violated Federal Rule of Civil Procedure 11 and abused the judicial process when they stipulated to the dismissal of a federal action to refile in state court (Kenneth Castleberry, et al. v. USAA, et al., No. 16-3382, Wystan Ackerman, et al. v. USAA, et al., No. 16-3482, 8th Cir., 2017 U.S. App. LEXIS 13369).



8th Circuit Finds Court Must Decide Whether Class Arbitration Is Permitted
ST. LOUIS - An Eighth Circuit U.S. Court of Appeals panel on July 28 ruled, in a case presenting a question of first impression in the circuit, that a court, not an arbitrator, must decide whether an arbitration agreement allows for class arbitration (Catamaran Corporation v. Towncrest Pharmacy, et al., No. 16-3275, 8th Cir., 2017 U.S. App. LEXIS 13689).



New York Federal Judge Narrows Claims Against Ford Over Hybrid MPG
NEW YORK - A New York federal judge on July 24 trimmed the cases and claims in a multidistrict litigation accusing Ford Motor Co. of bilking consumers by misrepresenting the achievable gas mileage for two of its hybrid vehicles (In re: Ford Fusion and C-MAX Fuel Economy Litigation, No. 13-2450, S.D. N.Y., 2017 U.S. Dist. LEXIS 115066).



NRA And Third Party Trim 1 Claim From Class Suit Over Calls
SEATTLE - The National Rifle Association of America (NRA) and a third-party company responsible for placing membership calls on the NRA's behalf convinced a Washington federal judge on July 26 to dismiss a claim under the Washington Do Not Call Statute (WDNC) related to allegedly unwanted calls, but must face allegations that the calls violated other state laws (Katharyn Kalmbach, et al. v. National Rifle Association of America, et al., No. 17-399, W.D. Wash., 2017 U.S. Dist. LEXIS 117113).



Judge Finds UCL Class Claims Against Emergency Medical Entities Can Proceed
SAN DIEGO - After finding that wages provided for under California labor code are considered wages and constitute restitution, a California federal judge on July 31 refused to dismiss a claim for violation of California's unfair competition law (UCL) asserted by a group of ambulance and emergency medical technicians against their employers (Rueben Calleros, et al. v. Rural Metro of San Diego Inc., No. 17-cv-00686, S.D. Calif., 2017 U.S. Dist. LEXIS 120119).



9th Circuit Reinstates Baby Food Labeling Class Claims Against Gerber
SAN FRANCISCO - A consumer may proceed with claims, including one for unlawfulness under California's unfair competition law (UCL), that Gerber Products Co.'s labeling on certain baby food products are impermissible under the Food and Drug Administration regulations incorporated into California law, a Ninth Circuit U.S. Court of Appeals panel ruled July 17 after granting Gerber's petition for rehearing in part (Natalia Bruton, et al. v. Gerber Products Company, No. 15-15174, 9th Cir., 2017 U.S. App. LEXIS 12833).



Unnecessary Surgeries Class Suit With Inappropriate Class Rep Is Dismissed
CINCINNATI - An Ohio federal judge on July 25 dismissed a class complaint against a medical facility where an orthopedic surgeon is alleged to have performed unnecessary procedures based on an inappropriate class representative and denied a motion to intervene, finding that there is little need for the suit because it would create duplicitous litigation (Jacob Durham v. Cincinnati Children's Hospital Medical Center, No. 15-438, S.D. Ohio, 2017 U.S. Dist. LEXIS 115941).



NFL Cheerleader's Wage Claims Amendment Denied; No Refiling Permitted
SAN FRANCISCO - On July 21, approximately two months after dismissing, with leave to amend, Sherman Act and Cartwright Act claims brought by a National Football League (NFL) cheerleader on behalf of a class of cheerleaders who, she alleged, have suffered from suppressed wages, a California federal judge denied a motion for leave to file a first amended complaint and ruled that the plaintiff may not seek further leave to amend (Kelsey K., et al. v. NFL Enterprises LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 114199).



1st Circuit: Injury Must Be Shown In Class Suit Over Nordstrom Rack's Pricing
BOSTON - A First Circuit U.S. Court of Appeals panel on July 26 upheld the dismissal of a consumer's class complaint alleging deceptive pricing, finding that the plaintiff needed to show that she suffered a legally cognizable injury (Judith Shaulis v. Nordstrom, Inc., No. 15-2354, 1st Cir., 2017 U.S. App. LEXIS 13545).



Vizio Smart TV Owners' Wiretap Act Class Claim Survives Dismissal
SANTA ANA, Calif. - A previously dismissed Wiretap Act putative class claim against Vizio Inc. survived a second dismissal motion July 25, with a California federal judge finding that the plaintiffs sufficiently alleged interception of communications via Vizio's purported use of surreptitious software that tracked TV owners' viewing habits (In Re: Vizio, Inc., Consumer Privacy Litigation, No. 8:16-ml-02693, C.D. Calif.).



Class Claims Over VTech's Data Breach Dismissed By Federal Judge
CHICAGO - A group of plaintiffs alleging putative class claims against digital smart toy maker VTech Electronics North America LLC saw their complaint dismissed by an Illinois federal judge July 5, who found that they failed to properly state their contractual claims based on a 2015 breach of the company's website that resulted in the theft of customers' personally identifiable information (PII) (In re VTech Data Breach Litigation, No. 1:15-cv-10889, N.D. Ill.; 2017 U.S. Dist. LEXIS 103298).



Puerto Rico Federal Judge: Parties Haven't Proven If Plan Is Exempt Church Plan
SAN JUAN, Puerto Rico - A Puerto Rico federal judge on July 19 denied a motion to dismiss a putative Employee Retirement Income Security Act class action alleging that the defendants have mismanaged an employee pension plan, saying that the parties at this point have failed to prove whether the plan is a church plan exempt from ERISA's requirements (Norma I. Cardoza-Estremera, et al. v. Colegio Padre Berrios, et al., No. 16-2318, D. Puerto Rico, 2017 U.S. Dist. LEXIS 114435).



Partial Dismissals Granted In Union's Average Wholesale Drug Price Class Action
PHILADELPHIA - A Pennsylvania federal judge on July 24 granted in part and denied in part motions by several generic drug companies to dismiss claims by a union health fund that they inflated their average wholesale prices (AWPs), costing the union money while providing a "spread" to pharmacies to dispense the companies' drugs (Plumbers' Local Union No. 690 Health Plan v. Apotex Corp., et al., No. 16-665, E.D. Pa., 017 U.S. Dist. LEXIS 114733).



Lead Plaintiff Pleaded Elements Of Securities Law Claims, Judge Rules
SAN FRANCISCO - A federal judge in California on July 26 denied a motion to dismiss filed by defendants in a securities class action lawsuit against GoPro Inc. and certain of its executive officers, ruling that the lead plaintiff in the action properly pleaded a material misrepresentation or omission, scienter and loss causation in making his federal securities law claims (Anton Bielousov v. GoPro Inc., et al., No. 16-6654, N.D. Calif.; 2017 U.S. Dist. LEXIS 117223).



Relocation, Investigation Costs Recoverable Under CERCLA, Judge Finds
FORT WAYNE, Ind. - A federal judge in Indiana on July 26 ruled that the costs of investigating the levels of lead and arsenic contamination emanating from a Superfund site near a housing complex as well as the costs the complex's residents incurred in relocating from the property are recoverable under the Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), but dismissed a proposed class' claims for nuisance against E.I. du Pont de Nemours and Co. and the Chemours Co. (Lerithea Rolan, et al. v. Atlantic Richfield Company, et al., No. 16-CV-357-TLS, N.D. Ill., 2017 U.S. Dist. LEXIS 117437).



Misrepresentation Claims In Securities Suit Too Vague, 8th Circuit Panel Rules
ST. PAUL, Minn. - Lead plaintiffs in a securities class action lawsuit against a 3D printer manufacturer and certain of its executive officers have failed to plead any actionable misrepresentations in claiming that the defendants violated federal securities laws by misrepresenting the company's business prospects, an Eighth Circuit U.S. Court of Appeals panel ruled July 25 in affirming a federal district court's ruling dismissing the suit (In re Stratasys Ltd. Shareholder Securities Litigation, No. 16-3264, 8th Cir.; 2017 U.S. App. LEXIS 13370).



Class Complaint Over Facebook Cookie Tracking Again Dismissed
SAN JOSE, Calif. - For the second time in two years, a California federal judge on June 30 dismissed putative privacy class clams against Facebook Inc. based on the social network's purported use of tracking cookies, with the judge ruling that the claims all failed for lack of standing or failure to state a claim (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif., 2017 U.S. Dist. LEXIS 102464).



Loffredo Petitioners Bolster Case For High Court Review Of Age Discrimination Case
WASHINGTON, D.C. - In a June 15 reply brief in support of their petition for writ of certiorari with the U.S. Supreme Court, former Chrysler Corp. executives who lost benefits under the company's retirement plan say the respondents make several errors in their arguments in opposition, including that the petitioners failed to exhaust administrative remedies before filing suit (John Loffredo, et al. v. Daimler AG, et al., No. 16-1334, U.S. Sup., 2017 U.S. S. Ct. Briefs LEXIS 2155).



Trial Court Must Consider Substitute Class Rep In U.S. Marshal's Race-Bias Suit
WASHINGTON, D.C. - A District of Columbia Circuit U.S. Court of Appeals panel on July 21 directed the U.S. District Court for the District of Columbia to consider motions to substitute absent class members as named plaintiffs in a racial discrimination suit brought on behalf of a class of black deputy U.S. marshals (In re: Herman Brewer, et al., No. 15-8009, D.C. Cir., 2017 U.S. App. LEXIS 13111).



Federal Judge Substitutes Class Representative In Dispute Over Insurance Practices
JEFFERSON CITY, Mo. - A Missouri federal judge on July 24 granted an insured's motion to intervene as the representative of a class action alleging that a homeowners insurer committed breach of contract when it unlawfully applied a policy's $1,000 deductible to an actual cash value (ACV) payment in a hailstorm coverage dispute (Eric Lafollette v. Liberty Mutual Fire Insurance Co., No. 14-04147, W.D. Mo.; 2017 U.S. Dist. LEXIS 114779).



Bass Pro Will Pay $10.5M To End EEOC Bias Hiring, Retaliation Claims
HOUSTON - Bass Pro Outdoor World LLC will pay $10.5 million to settle a hiring discrimination and retaliation "pattern or practice" lawsuit filed by the Equal Employment Opportunity Commission on behalf of 50,000 job applicants, according to a consent decree filed in the U.S. District Court for the Southern District of Texas on July 25 (U.S. Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC, et al., No. 11-3425, S.D. Texas).



Lockheed Martin's $22.8M Race Bias Settlement Is Rejected By D.C. Federal Judge
WASHINGTON, D.C. - A proposed settlement under which Lockheed Martin Corp. would pay $22.8 million to end a class complaint accusing the company of engaging in a performance appraisal system that discriminates against African-American employees was rejected July 28 by a District of Columbia federal judge, who found that the plaintiffs failed to prove commonality and that the agreement's release of legal claims is too broad (Vernon Ross, et al. v. Lockheed Martin Corp., No. 16-2508, D. D.C., 2017 U.S. Dist. LEXIS 118373).



Non-Gmail Users Again Seek Approval Of Privacy Settlement With Google
SAN JOSE, Calif. - Four months after a prior proposed settlement with Google Inc. was rejected by a California federal judge, the lead plaintiffs in a putative class action alleging privacy violations in the scanning and processing of emails of non-Gmail users on July 21 submitted a revised proposed settlement that they say "requires Google to make significant business practice changes that will benefit" class members while retaining their ability to pursue monetary claims under the asserted statutes (Daniel Matera, et al. v. Google Inc., No. 5:15-cv-04062, N.D. Calif.).



Preliminary Approval Sought For Settlement In Seagate Phishing Class Action
SAN FRANCISCO - A group of Seagate Technology LLC employees on July 27 moved for preliminary approval of a putative class action over a 2016 phishing incident at the company that exposed their personally identifiable information (PII), asking a California federal court to greenlight relief in the form of restitution and identity theft protection, potentially valued at $42 million (Everett Castillo, et al. v. Seagate Technology LLC, No. 3:16-cv-01958, N.D. Calif.).



Ohio City Residents Certified In Class Suit Over Inspection Fees
CLEVELAND - An Ohio federal judge on July 28 certified a class of Bedford, Ohio, residents suing the city and various city officials for imposing point-of-sale inspection fees but denied the plaintiffs' oral motion for a temporary restraining order as moot since the city has since amended its ordinance (Kenneth Pund, et al. v. City of Bedford, Ohio, et al., No. 16-1076, N.D. Ohio, 2017 U.S. Dist. LEXIS 118809).



Class Certification Granted In Medical Record Charges Lawsuit
ROCHESTER, N.Y. - A New York federal judge on July 28 granted a motion for class certification filed by patients accusing their medical providers of overcharging them for copies of their medical records (Ann McCracken et al. v. Verisma Systems, Inc., et al., No. 14-6248, W.D. N.Y., 2017 U.S. Dist. LEXIS 118941).



Pennsylvania Federal Judge Decertifies Class, Dismisses Health Aides' Wage Claims
PHILADELPHIA - A Pennsylvania federal judge on July 21 decertified a conditionally certified collective action class and granted an employer's motion for summary judgment in a suit filed by a health aide who alleged that she and other similarly situated workers were denied timely wage payments (Markisha Gordon v. Maxim Healthcare Services, Inc., No. 13-7175, E.D. Pa., 2017 U.S. App. LEXIS 113736).



Pella MDL Judge Refuses To Deny Certification In Remaining Class Actions
CHARLESTON, S.C. - The federal judge in South Carolina overseeing litigation stemming from two models of Pella Corp. windows that are allegedly defective denied the manufacturer's request to deny certification in all remaining class action suits in the multidistrict litigation on July 21, holding that there are issues in the suits that would need to be briefed (In re: Pella Corporation Architect and Designer Series Windows Marketing, Sales Practices and Products Liability Litigation, 14-mn-00001-DCN, D. S.C., 2017 U.S. Dist. LEXIS 114223).



Class Certification Denied For False Advertising Claims In Apple App Privacy Suit
SAN FRANCISCO - The plaintiffs in a putative class action over the sharing of contact information on devices made by Apple Inc. saw their class certification motion denied July 25, with a California federal judge finding that the plaintiffs failed to establish the necessary predominance factors in their false advertising and unfair competition claims against Apple (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif., 2017 U.S. Dist. LEXIS 116333).



Arizona Federal Judge Denies Equitable Tolling Motion In Jimmy John's FLSA Case
PHOENIX - An Arizona federal judge on July 27 denied without prejudice a motion for equitable tolling of the statute of limitations in a putative Fair Labor Standard Act (FLSA) class action brought on behalf of current and former Jimmy John's assistant store managers in Arizona and Michigan, saying that it would constitute an impermissible advisory opinion (Jared Ruder v. CWL Investments LLC, No. 16-04460, D. Ariz., 2017 U.S. Dist. LEXIS 117584).



Securities Suit Remanded To District Court For Consideration Of New Evidence
NEW YORK - Ruling that a federal district court should first consider new evidence from a pair of enforcement actions against a company, a Second Circuit U.S. Court of Appeals panel on July 27 vacated a shareholder's appeal and remanded the action to the district court for further review of the new evidence (Retirement Board of the Policemen's Annuity and Benefit Fund of Chicago v. FXCM Inc., et al., No. 16-3775, 2nd Cir.).



Federal Judge Grants PricewaterhouseCoopers Judgment On Plaintiffs' Whipsaw Claims
NEW YORK - A New York federal judge on July 24 granted PricewaterhouseCoopers LLP's (PwC) motion for judgment on the pleadings in an Employee Retirement Income Security Act class action, saying that the plaintiffs failed to establish that they are entitled to relief under ERISA for their whipsaw claims (Timothy Laurent, et al. v. Pricewaterhouse Coopers LLP, et al., No. 06-cv-2280, S.D. N.Y., 2017 U.S. Dist. LEXIS 115067).



Judge Certifies 2 Questions On Insurance Practices To Washington Supreme Court
SEATTLE - A Washington federal judge on July 10 granted an insured's motion to certify two questions to the Washington Supreme Court in a class action lawsuit challenging an insurer's practices (Brett Durant v. State Farm Mutual Automobile Insurance Co., No. 15-1710, W.D. Wash., 2017 U.S. Dist. LEXIS 106194).



Federal Judge Rules On Summary Judgment Motions In Hailstorm Coverage Dispute
JEFFERSON CITY, Mo. - A Missouri federal judge on July 24 granted in part and denied in part summary judgment motions and amended class definitions in a dispute over whether a homeowners insurer should have applied a deductible to the actual cash value (ACV) payment it issued the insureds for their hail damage loss (David Bond, et al. v. Liberty Insurance Corp., No. 15-04236, W.D. Mo., 2017 U.S. Dist. LEXIS 114778).



Pennsylvania Restaurant Files Counterclaims Against Drivers In Tip-Pooling Suit
WILLIAMSPORT, Pa. - A State College, Pa., restaurant facing a class complaint by five delivery drivers over the restaurant's tip-pooling policy denied the claims in its July 21 answer filed in a Pennsylvania federal court and brought counterclaims accusing the lead named plaintiff of fraud, negligent and intentional misrepresentation and breach of the duty of loyalty (Jacob Wilson, et al. v. Wings Over Happy Valley MDF, LLC, et al., No. 17-915, M.D. Pa.).



Tortious Interference, FDCPA, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging nuisance and tortious interference, improper debt collecting, Racketeer Influenced and Corrupt Organizations Act violations and wage-and-hour violations.



Class UCL Suit Sent Back To California For Reconsideration Of Forum
TULSA, Okla. - An Oklahoma federal judge on July 14 sent a class complaint alleging unfair business practices back to California for reconsideration of a business contract's forum-selection clause, noting that the case presents an "extraordinary situation where a transfer order is clearly erroneous and to let it stand would work manifest injustice" (S & J Rentals, d/b/a Twin Cities Equipment Rentals v. Hilti, Inc., No. 17-159, N.D. Okla., 2017 U.S. Dist. LEXIS 109247).



Judge Transfers Related Securities Suits To Illinois Federal Court
BATON ROUGE, La. - A transfer of venue to Illinois federal court is necessary because all public and private interests weigh heavily in favor of such action, a federal judge in Louisiana ruled July 5 in granting an expedited motion for transfer of venue in a securities class action lawsuit (Robert Berg v. Akorn Inc., et al., No. 17-0359, M.D. La., 2017 U.S. Dist. LEXIS 103917).



5th Circuit: No Jurisdiction Over Untimely Objection To Class Settlement
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on July 17 ruled that it lacked appellate jurisdiction over a class member's untimely objection to a settlement resolving a merger dispute where class members receive only additional disclosures, confirmatory discovery and attorney fees (Lawrence G. Farber v. Crestwood Midstream Partners L.P., et al. v. David G. Duggan, Isaac Aron, et al. v. Crestwood Midstream Partners L.P., et al. v. David G. Duggan, No. 16-20742, 5th Cir., 2017 U.S. App. LEXIS 12765).



$142 Million Wells Fargo Unauthorized Account Settlement Is Preliminarily Approved
SAN FRANCISCO - A California federal judge on July 8 granted preliminary approval of a $142 million settlement to be paid by Wells Fargo & Co. and Wells Fargo Bank N.A. to end claims by a class of individuals who allege that the banking company opened accounts, enrolled them in products and services and submitted applications for products and services without consent (Shahriar Jabbari, et al. v. Wells Fargo & Company, et al., No. 15-2159, N.D. Calif.; 2017 U.S. Dist. LEXIS 106294).



Ashley Madison Users Reach $11.2 Million Settlement With Site Operator
ST. LOUIS - The plaintiffs in a putative class action centered on a 2015 breach of the adult dating website AshleyMadison.com, moved for preliminary approval July 14 of what they call a "hard fought" $11.2 million settlement with the site's operator (In re Ashley Madison Customer Data Security Breach Litigation, No. 4:15-cv-02669, E.D. Mo.).



Behavioral Health Services Employer Settles Class Wage Claims For $865,000
PHILADELPHIA - A Pennsylvania federal magistrate judge on July 13 granted approval of a $865,000 settlement to be paid by a behavioral health services company to end claims that it misclassified and underpaid its clinicians, consultants and therapists (Sarina Brown, et al. v. Progressions Behavioral Health Services, Inc., No. 16-6054, E.D. Pa., 2017 U.S. Dist. LEXIS 108487).



Vita-Mix, Kelly Services $1.6M Wages Settlement Is Preliminarily Approved
LOS ANGELES - A California federal judge on July 14 granted preliminary approval of a $1.6 million settlement to be paid by Vita-Mix Corp. and Kelly Services Inc. 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., 2017 U.S. Dist. LEXIS 109863).



Attorneys General Oppose $5.5M Cy Pres Settlement In Google Cookie Class Action
PHILADELPHIA - In a July 5 amicus curiae brief in the Third Circuit U.S. Court of Appeals, a group of 11 state attorneys general (AGs) support reversal of a trial court's approval of a $5.5 million cy pres settlement of a privacy class action over cookie placement on users' computers by Google Inc., echoing a lone objector's position that controlling case law favors settlements benefiting class members over cy pres recipients (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 17-1480, 3rd Cir.).



$5.3 Million Class Settlement Preliminarily Approved In IPhone Apps Privacy Suit
SAN FRANCISCO - After five years of litigation, a California federal judge on July 6 granted preliminary approval to a $5.3 million settlement between a class of Apple Inc. device users and the developers of apps that allegedly accessed users' private address books without permission (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif., 2017 U.S. Dist. LEXIS 104507).



Semiconductor Developer To Pay $7.25M To Settle Securities Law Claims
SAN FRANCISCO - A semiconductor developer and certain of its executive officers will pay more than $7 million to settle claims that they violated federal securities laws by failing to disclose certain related party transactions in the company's financial statements, lead plaintiffs say in a motion for preliminary approval of settlement filed July 10 in California federal court (In re Montage Technology Group Limited Securities Litigation, No. 14-0722, N.D. Calif.).



Partial Reversal Of Judgment For Paper Carrier Class Means Revisiting Attorney Fees
SAN DIEGO - A California appellate panel on July 7 partially reversed a trial court's award of nearly $3.2 million and prejudgment interest for a class of newspaper carriers suing for various wage violations and unfair business practices and ordered reconsideration of the more than $6.1 million award for attorney fees given the possible award reduction (Liliana Espejo, et al. v. The Copley Press, Inc., No. D065397, Calif. App., 4th Dist., Div. 1, 2017 Cal. App. LEXIS 609).



Iowa Appellate Panel Upholds Class Certification Of Residents Suing Over Bed Bugs
DES MOINES, Iowa - An Iowa appellate panel on July 6 upheld the certification of a class of hundreds of current and former apartment residents who sued the owner and operator for failing to control a bed bug infestation first discovered in fall 2014 (Residents of Royal View Manor by and through Jeanette McDowell, et al. v. The Des Moines Municipal Housing Agency, No. 16-1230, Iowa App., 2017 Iowa App. LEXIS 684).



Limo Drivers' Tip Class Certified; Misclassification Class Is Rejected
BOSTON - A Massachusetts federal judge on July 6 certified one of two classes proposed by a group of limousine drivers who claim that the company with which they contracted failed to turn over all gratuities and misclassified them as independent contractors (Vladimir Chebotnikov, et al. v. LimoLink, Inc., No. 14-13475, D. Mass., 2017 U.S. Dist. LEXIS 104262).



Class Certification Granted In Suit Accusing DIRECTV Of Making Unwanted Calls
ATLANTA - A Georgia federal judge on July 12 certified two classes of individuals who claim that they received unwanted sales calls from DIRECTV in violation of the Telephone Consumer Protection Act (TCPA) (Sebastian Cordoba, et al. v. DIRECTV, LLC, individually and as successor through merger to DIRECTV, Inc., No. 15-3755, N.D. Ga.).



Class Suing Over Cash For Overtime Is Certified By New York Federal Judge
NEW YORK - A New York federal judge on July 14 certified an employee class suing over improper payroll records and for being paid by check for up to 40 hours per week and by cash, but at their regular hourly wage, for any time worked above 40 and granted a motion to amend the complaint and dismiss named plaintiff Vinicio Samaniego (Samaniego, et al. v. Titanium Construction Services, Inc., et al., No. 16-1113, S.D. N.Y., 2017 U.S. Dist. LEXIS 109727).



7th Circuit Affirms Certification Limited To Wisconsin Workers In Wage Suit
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on June 22 upheld class certification of Wisconsin workers in a compensable time suit, and the majority noted that the district court acted within its authority when it severed and transferred claims of workers in two other states (Ryan DeKeyser, et al. v. ThyssenKrupp Waupaca, Inc., doing business as Waupaca Foundry, Inc., No. 16-2159, 7th Cir., 2017 U.S. App. LEXIS 11049).



State Taxotere Class Denied By MDL Court Due To Individual Issues
NEW ORLEANS - A Louisiana federal judge on July 17 denied certification of a class of Louisiana women who permanently lost their hair after undergoing chemotherapy with Taxotere or docetaxel, agreeing with defendant Sanofi-Aventis U.S. LLC that individual issues predominate over common ones (In Re: Taxotere [Docetaxel] Products Liability Litigation, MDL Docket No. 2740, No. 16-md-2740, Sheila Matthews, et al. v. Sanofi S.D., et al., No. 16-17731, E.D. La.).



Panel Partially Overturns Class Certification Order In Securities Lawsuit
NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 7 partially overturned a federal judge's class certification order, ruling that the judge failed to properly consider the U.S. Supreme Court's ruling in Morrison v. National Australia Bank, Ltd. in certifying two classes of investors in a securities class action lawsuit (In re Petrobras Securities Litigation, No. 16-1914, 2nd Cir., 2017 U.S. App. LEXIS 12219).



Federal Agency Issues Rule Banning Use Of Mandatory Arbitration Clauses
WASHINGTON, D.C. - The Consumer Financial Protection Bureau (CFPB) issued a new rule on July 10 banning providers of certain consumer financial products and services from using mandatory arbitration clauses in their agreements with consumers to prevent consumers from filing or participating in a class action concerning the covered product or service.



Michigan Federal Judge Will Rule On Injunction Against Removing Iraqi Nationals
DETROIT - A Michigan federal judge on July 11 ruled that extraordinary circumstances exist to grant the federal court jurisdiction over a case brought by a group of Iraqi nationals who are suing on behalf of a national class, seeking an injunction against enforcement of removal orders so their habeas rights can be asserted and addressed before other courts (Usama J. Hamama, et al. v. Rebecca Adducci, No. 17-11910, E.D. Mich., 2017 U.S. Dist. LEXIS 107109).



Judge Refuses To Remand UCL, Labor Code Claims Against Health Care Center
LOS ANGELES - A California federal judge on July 5 refused to remand class action claims for violation of California's Labor Code and unfair competition law (UCL) asserted by an employee against a health care center and payroll company, finding that the employer and payroll company showed that the amount in controversy will exceed $5 million (Maricela Reyes v. Carehouse Healthcare Center LLC, et al., No. 16-01159, C.D. Calif., 2017 U.S. Dist. LEXIS 103764).



Managers' Wage-And-Hour Suit Against Starbucks, Teavana Is Sent Back To State Court
LOS ANGELES - A California federal judge on July 12 sent a wage-and-hour class suit filed by managers against Starbucks Corp. and Teavana Corp. to state court, finding that the defendants failed to show that the amount in controversy exceeds $5 million (Marie Hernandez v. Starbucks Corporation, et al., No. 17-3150, C.D. Calif., 2017 U.S. Dist. LEXIS 108081).



New York Federal Judge Transfers Sushi Chef's Wage Class Suit To New Jersey
NEW YORK - A collective and class complaint accusing a sushi restaurant of federal and state wage violations belongs in New Jersey, not New York, federal court, a New York federal judge ruled July 10, finding that the main parties and key witnesses are in New Jersey (Dae Sub Choi, et al. v. Sushi Maru Express Corp., et al., No. 17-191, S.D. N.Y., 2017 U.S. Dist. LEXIS 105951).



Bristol-Myers Squibb, Pfizer Cleared In Class Suit Over Unwanted Faxed Ads
ANN ARBOR, Mich. - A Michigan federal judge on July 17 cleared two drug companies of liability in a Telephone Consumer Protection Act (TCPA) suit for unwanted faxed advertisements sent by a third-party, finding that one company had no knowledge of the faxes and that the court lacked jurisdiction over the other drug company (Health One Medical Center, Eastpointe, P.L.L.C. v. Bristol-Myers Squibb Company, et al., No. 16-13815, E.D. Mich., 2017 U.S. Dist. LEXIS 110285).



California Magistrate Tosses Putative Class Action Against Nursing Home Operator
SAN JOSE, Calif. - A California federal magistrate judge on July 12 granted a motion to dismiss an elder abuse lawsuit, agreeing with a skilled nursing home operator that the plaintiff failed to plead facts sufficient to support fraud and violation of California health code claims (Daniel Hernandez v. TLC of the Bay Area Inc., No. 5:16-cv-05524, N.D. Calif., 2017 U.S. Dist. LEXIS 108177).