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Missouri Federal Judge Awards Nearly $32.5M In TCPA Class Suit
ST. LOUIS - In a Telephone Consumer Protection Act (TCPA) case where class representatives sought $500 per call for millions of unsolicited phone calls and the defendants asked to not pay more than 10 cents per call, a Missouri federal judge on Sept. 7 ruled that the two defendants must pay $10 per unsolicited phone call, bringing the award to $32,424,930 (Ron Golan, et al. v. Veritas Entertainment, LLC, et al., No. 14-69, E.D. Mo., 2017 U.S. Dist. LEXIS 144501).



N.Y. Federal Judge Approves $14.5M American Eagle TCPA Settlement, Trims Fees
NEW YORK - A New York federal judge on Sept. 11 granted final approval of a $14.5 million settlement to be paid by American Eagle Outfitters Inc. and AEO Management Co. (collectively, AEO) to end claims that it violated the Telephone Consumer Protection Act (TCPA) by sending unwanted text messages; however, the judge trimmed the attorney fees and incentive awards requested by the plaintiffs (Christina Melito, et al. v. American Eagle, Inc., et al., No. 14-2440, S.D. N.Y., 2017 U.S. Dist. LEXIS 146343).



$115 Million Settlement Of Anthem Data Breach Suit Preliminarily Approved
SAN JOSE, Calif. - A California federal judge on Aug. 25 granted preliminary approval of a class action over a 2015 data breach experienced by Anthem Inc., finding the insurer's establishment of a $115 million nonrevisionary settlement to cover credit monitoring and other costs to be fair and adequate (In Re: Anthem Inc., Customer Data Security Breach Litigation, No. 5:15-md-02617, N.D. Calif., 2017 U.S. Dist. LEXIS 137281).



California Yoga Studios Owner To Settle Instructors' Wage Claims For $1.4M
OAKLAND, Calif. - A California federal judge on Sept. 11 granted preliminary approval of a $1.4 million settlement to be paid by the owner of California yoga studios that is accused of failing to fully compensate its instructors for all work and failing to provide overtime, meal and rest breaks (Shauna Barnard v. CorePower Yoga LLC, No. 16-3861, N.D. Calif., 2017 U.S. Dist. LEXIS 146745).



Judge Approves Settlement Of Transcranial Magnetic Stimulation Coverage Suit
LOS ANGELES - A federal judge in California on Aug. 29 approved a $2.75 million settlement between Cigna Health and Life Insurance Co. and a class that claimed that the insurer improperly classified transcranial magnetic stimulation (TMS) as an experimental treatment for depression in an effort to avoid covering the procedure (Annette Weil, et al. v. Cigna Health and Life Insurance Co., et al., No. 15-07074, C.D. Calif., 2017 U.S. Dist. LEXIS 139093).



Paramount To Settle Parking Production Assistants' Class Wage Claims For $700,000
NEW YORK - Parking production assistants (PPAs) employed by Paramount Pictures Corp. filed a motion on Sept. 8 in the U.S. District Court for the Southern District of New York seeking final approval of a $700,000 settlement to be paid by Paramount to end claims that the PPAs were denied overtime pay, forced to work without any breaks and often forced to go to the bathroom in their cars or pay local businesses in order to use their restrooms (Christian Pellot, et al. v. Paramount Pictures Corporation, et al., No. 16-463, S.D. N.Y.).



Non-Gmail Users' Settlement Of Privacy Claims Against Google Gets Initial OK
SAN JOSE, Calif. - The second attempt to settle a putative class action between Google Inc. and a class of non-Gmail users achieved preliminary approval on Aug. 31, with a California federal judge deeming the proposed settlement of privacy claims related to Google's scanning of non-Gmail users' emails to be "fundamentally fair, adequate and reasonable" (Daniel Matera, et al. v. Google Inc., No. 5:15-cv-04062, N.D. Calif.).



Ascension Health Agrees To Cover $29.5M To Settle Wheaton Plan Suits
CHICAGO - The plaintiffs suing Wheaton Franciscan Services Inc. and Ascension Health, the company that acquired Wheaton's health care subsidiaries in southeast Wisconsin and became the sponsor of the Wheaton Franciscan Retirement Plan, on Sept. 1 moved in the U.S. District Court for the Northern District of Illinois for preliminary approval of a $29.5 million settlement to end claims that the defendants denied ERISA protections by improperly claiming that the plan qualifies as a "church plan" (In Re Wheaton Franciscan ERISA Litigation, No. 16-04232, N.D. Ill.).



Drugmaker, Investors Reach $20M Settlement In Stock Drop Suit
SEATTLE - Pharmaceutical company CTI BioPharma Corp. will pay $20 million to settle claims that it, its CEO and members of its board of directors and underwriters of two of the company's public offering of stock in 2015 concealed certain adverse information, including patient deaths, in the clinical trial results for CTI's myelofibrosis treatment drug pacritinib in violation of federal securities laws, according to a motion for preliminary approval of a securities class action settlement filed by the lead plaintiff in the action on Sept. 1 in Washington federal court (In re CTI BioPharma Corp. Securities Litigation, No. 16-0216, W.D. Wash.).



Class Suit Over Lost Medical Records Is Sent Back To State Court
MONTGOMERY, Ala. - Defendants who removed a class complaint over lost medical records failed to show that the Class Action Fairness Act's (CAFA) amount in controversy requirement is satisfied, an Alabama federal judge ruled Sept. 12, sending the suit back to state court (Dawn Cobb Carrigan, et al. v. Southeast Alabama Rural Health Associates, et al., No. 17-114, M.D. Ala., 2017 U.S. Dist. LEXIS 147194).



Split 3rd Circuit: No Arbitration Of Credit Card Claims Against Sunoco
PHILADELPHIA - Sunoco Inc. is not a party to the contract between customers and Citibank for Sunoco-branded credit cards and cannot compel arbitration of a customer's class claims over promised promotions under the card agreement's arbitration clause, a split Third Circuit U.S. Court of Appeals panel ruled Sept. 5 (Donald White, et al. v. Sunoco, Inc., No. 16-2808, 3rd Cir., 2017 U.S. App. LEXIS 17098).



Usury Class Suit Over Loans With 36 Percent Interest Is Stayed Pending Arbitration
RICHMOND, Va. - A Virginia federal judge on Sept. 12 stayed a usury class complaint against a joint enterprise that issues short-term loans pursuant to an arbitration clause agreed to by borrowers and dismissed a debt-collection agency from the suit, finding that the plaintiffs failed to show sufficient harm (Tina Hunter, et al. v. NHCash.com, LLC, et al., No. 17-348, E.D. Va., 2017 U.S. Dist. LEXIS 147549).



New York Federal Judge Sends Glassdoor Users' Privacy Class Claims To Arbitrator
NEW YORK - A New York federal judge on Sept. 12 granted a motion to compel arbitration filed by Glassdoor Inc. in a class lawsuit filed by users who claim that their email addresses were publically disclosed (Paulo Pincaro, et al. v. Glassdoor, Inc., No. 16-6870, S.D. N.Y., 2017 U.S. Dist. LEXIS 147517).



9th Circuit Seeks California High Court Ruling On Security Check Compensation
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals on Aug. 16 asked the California Supreme Court to decide whether time spent waiting for and undergoing exit searches is compensable under California Industrial Welfare Commission Wage Order No. 7 (Amanda Frlekin, et al. v. Apple, Inc., No. 15-17382, 9th Cir., 2017 U.S. App. LEXIS 15372).



Illinois Federal Judge Trims Warranty Claims From Kefir Labeling Class Suit
CHICAGO - A consumer suing the maker of kefir for allegedly making false claims on its labeling can't proceed with warranty claims as he failed to notify the defendant of his concerns prior to filing suit, an Illinois federal judge ruled Sept. 6, granting a motion of dismissal only as to those two claims (Andrew Block, et al. v. Lifeway Foods, Inc., No. 17-1717, N.D. Ill., 2017 U.S. Dist. LEXIS 143828).



Fear Of Future Injury Is Insufficient For GNC Labeling Claims To Proceed
PITTSBURGH - An individual who purchased nutritional supplements based on false labeling claims failed to show that he suffered a health-related or economic injury, a Pennsylvania federal judge ruled Sept. 8, dismissing the class complaint (Daniel Hubert, et al. v. General Nutrition Corporation, No. 15-1391, W.D. Pa., 2017 U.S. Dist. LEXIS 145506).



Federal Judge Denies Dismissal Of Temp Guest Workers' Prevailing Wage Class Suit
BALTIMORE - Workers employed by a landscaping company under the H-2B visa program may proceed with class claims that they were improperly denied wages, paid at a rate less than that mandated by the U.S. Department of Labor (DOL) and denied reimbursement of certain expenses, a Maryland federal judge ruled Sept. 7, noting that to the extent that certain DOL H-2B visa regulations are currently under review, a stay of the action or severance of the claim may be appropriate if those related proceedings are not resolved before the trial in the present case (Aviles-Cervantes, et al. v. Outside Unlimited, Inc., No. 16-1214, D. Md., 2017 U.S. Dist. LEXIS 144847).



Texas Federal Judge Tosses Staffing Agency's Bias Claims Against Hospital
DALLAS - A staffing agency that provided a prep cook to a hospital while in the midst of contract negotiations to provide additional staff may not proceed with retaliation and bias claims against the hospital because it lacked an employment relationship, a Texas federal judge ruled Sept. 7 (White Glove Staffing, Inc., et al. v. Methodist Hospitals of Dallas, et al., No. 17-1158, N.D. Texas, 2017 U.S. Dist. LEXIS 144706).



Judge Allows Portions Of ACA Lactation Coverage Suit To Proceed
DES MOINES, Iowa - A pair of women may continue with their class action lawsuit claiming that their insurer violated the Patient Protection and Affordable Care Act (ACA) by charging for lactation consultation services, but nothing in the Employee Retirement Income Security Act requires insurers to list such providers separately, and the sex discrimination claims fail as well, a federal judge in Iowa held Sept. 6 (Jillian York, et al. v. Wellmark Inc., et al., No. 16-627, S.D. Iowa).



Judge Refuses To Dismiss Pricing Scheme Claims Against Ralph Lauren
SAN DIEGO - A California federal judge on Aug. 29 found that a consumer who asserted proposed class action claims related to a retailer's pricing lacked standing under California's unfair competition law (UCL) to obtain injunctive relief but allowed other claims asserted under the UCL and for false advertising to proceed (Courtney Dennis v. Ralph Lauren Corporation, No. 16cv1056, S.D. Calif.; 2016 U.S. Dist. LEXIS 176856).



Class Claims Over Yahoo Data Breaches Partly Dismissed By Federal Judge
SAN JOSE, Calif. - In a detailed 93-page ruling, U.S. Judge Lucy H. Koh of the Northern District of California on Aug. 30 dismissed some of the claims in a consolidated putative class action over large-scale data breaches experienced by Yahoo Inc., with some unfair competition and breach of contract claims surviving (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.; 2017 U.S. Dist. LEXIS 140212).



Most Claims Against Apple In IPhone App Privacy Suit Voluntarily Dismissed
SAN FRANCISCO - A California federal judge on Sept. 5 signed an order and stipulation dismissing with prejudice the remaining unfair competition and false advertising claims against Apple Inc. in a class action alleging privacy violations associated with applications on iPhones and other Apple devices (Marc Opperman, et al. v. Kong Technologies Inc., et al., No. 3:13-CV-00453, N.D. Calif.).



Judge: Insureds Sufficiently Allege Insurer Considered Higher Reinsurance Costs
PHILADELPHIA - A class of owners of life insurance policies adequately alleged that a life insurer's admitted consideration of lower investment income and higher reinsurance costs constituted breaches of the policies, a Pennsylvania federal judge ruled Sept. 11 (In re: Lincoln National Co. Litigation, No. 16-06605, E.D. Pa., 2017 U.S. Dist. LEXIS 146904).



Investor Failed To Show That Bank's Internal Controls Were Flawed, Judge Rules
NEW YORK - An investor has failed to show that an investment bank and two of its senior executives violated provisions of federal securities law by failing to adequately monitor the bank's internal controls in the wake of a former employees' massive securities fraud scheme, a federal judge in New York ruled on Sept. 8 in granting the defendants' motion to dismiss without prejudice (Gregory G. Barrett v. PJT Partners Inc., et al., No. 16-2841, S.D. N.Y., 2017 U.S. Dist. LEXIS 145781).



Judge: Pension Fund Pleaded Misrepresentation, Scienter In Securities Suit
SANTA ANA, Calif. - A pension fund has shown that a financial institution and its former CEO's failure to disclose their connection to a convicted fraudster and Ponzi scheme operator were material and that the CEO acted with scienter in failing to disclose his ties to the fraudster, a federal judge in California ruled Sept. 6 in denying the defendants' motions to dismiss in a securities class action lawsuit (In re Banc of California Securities Litigation, No. 17-0118, C.D. Calif., 2017 U.S. Dist. LEXIS 145361).



Dismissal Of TCPA Suit Over Facebook Text Messages Appealed To 9th Circuit
SAN FRANCISCO - Arguing that he sufficiently alleged that repeated, unwanted text messages from Facebook Inc. were sent using an automatic telephone dialing system (ATDS), a Montana man tells the Ninth Circuit U.S. Court of Appeals in a Sept. 1 brief that a trial court erred in dismissing his putative class action against the social network under the Telephone Consumer Protection Act (TCPA) (Noah Duguid v. Facebook Inc., No. 17-15320, 9th Cir.).



Class Definition In Securities Suit Against Medical Tech Company Limited
SAN JOSE, Calif. - On the heels of his ruling from the bench to limit the class definition for a securities class action lawsuit against a medical technology developer and certain of its current and former executive officers, a federal magistrate judge on Sept. 6 issued a written ruling explaining his decision to limit the class definition to including only "indirect" investors in the company's stock (Robert Colman, et al. v. Theranos Inc., et al., No. 16-6822, N.D. Calif.).



Judge Won't Reconsider Ruling In Coke Ex-Employee's Suit Over Stolen Laptops
PHILADELPHIA - A former employee of The Coca-Cola Co. (Coke), who says his personally identifiable information (PII) was exposed when company laptops were stolen, failed to establish any errors that would justify reconsidering summary judgment for Coke on contractual claims related to the incident, a Pennsylvania federal judge ruled Aug. 30, allowing a March ruling to stand (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa., 2017 U.S. Dist. LEXIS 139525).



7th Circuit Vacates Certification Of Health Plan Participants Suing Insurer
CHICAGO - A trial court that certified a class of participants who filed a breach of fiduciary duty lawsuit against a mutual insurance company for allegedly using premiums it obtained through payments made by them for health care coverage to enrich itself failed to address glaring issues, a Seventh Circuit U.S. Court of Appeals panel ruled Aug. 31, vacating the order granting class certification and remanding for further proceedings (Susan Priddy, et al. v. Health Care Service Corporation, No. 16-4127, 7th Cir., 2017 US. App. LEXIS 16784).



Nurses Granted Certification In Suit Seeking Pay For Auto-Deducted Meal Breaks
COLUMBUS, Ohio - An Ohio federal judge on Sept. 11 granted a motion for certification filed by a class of nurses who allege that their employer erred by automatically deducting 30 minutes from their pay per day for a meal break even though the nurses often had to work during those breaks (Lynnett Myers, et al. v. Marietta Memorial Hospital, et al., No. 15-2956, S.D. Ohio, 2017 U.S. Dist. LEXIS 146233).



New Jersey Wage Claims Survive Wells Fargo's Motion To Strike Class Allegations
NEWARK, N.J. - A New Jersey federal judge on Sept. 6 denied a motion by Wells Fargo & Co. and Wells Fargo Bank N.A. (collectively, Wells Fargo) to strike class allegations filed by two former hourly employees alleging that they had to work outside of normal work hours to meet mandated quotas and were denied compensation for those hours (Juan Carolos Merino, et al. v. Wells Fargo & Company, et al., No. 16-7840, D. N.J., 2017 U.S. Dist. LEXIS 143628).



Texas Homeowners Sue River Authority For Flooding Days After Hurricane Harvey
HOUSTON - The San Jacinto River Authority mishandled the "controlled release" of water from Lake Conroe following Hurricane Harvey, resulting in the flooding of thousands of homes and businesses, a Harris County, Texas, couple allege in their class complaint filed Sept. 6 in the Harris County District Court (Thomas E. and Beth F. Ross v. San Jacinto River Authority, No. 2017-58385, Texas Dist., Harris Co.).



Class Actions Proliferate Following Equifax Data Breach Announcement
NEWARK, N.J. - With the Sept. 10 filing of a complaint in the U.S. District Court for the District of New Jersey, at least 20 federal putative class actions have been filed against Equifax Inc. following the credit-reporting firm's Sept. 7 announcement of a data breach compromising the personally identifiable information (PII) of potentially 143 million of its U.S. customers (Maura Dowgin, et al. v. Equifax Inc., No. 2:17-cv-06923, D. N.J.).



First Securities Class Action Filed In Wake Of Equifax Data Breach
ATLANTA - Following credit monitoring and reporting firm Equifax Inc.'s Sept. 7 announcement of a massive data breach involving 143 million consumers and numerous consumer class action filings, a securities class action complaint was filed on Sept. 8 in Georgia federal court (Hampden Kuhns v. Equifax Inc., et al., N.D. Ga.).



Background Checks, Unsolicited Faxes, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging inaccurate background checks, unsolicited faxes and phone calls and wage violations.



5th Circuit Affirms Class Certification Of Texas Prisoners Suing Over Heat
NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Aug. 18 ruled that a trial court did not abuse its discretion when it certified a general class and two subclasses of Texas prisoners suing the Texas Department of Criminal Justice (TDCJ) and two officials for allegedly failing to properly cool prison housing areas (Marvin Ray Yates, et al. v. Bryan Collier, et al., No. 16-20505, 5th Cir., 2017 U.S. App. LEXIS 15847).



Class Certification Denied In Bumbo Seat Fraud, Unjust Enrichment Suit
CHICAGO - An Illinois federal judge on Aug. 28 denied a motion for class certification filed in an Illinois woman's lawsuit accusing the maker of a baby seat of making deceptive claims about its product, finding the class to be overbroad and inappropriate for class certification under Federal Rules of Civil Procedure 23(b)(2) and 23(b)(3) (Elizabeth Clark, et al. v. Bumbo International Trust, No. 15-2725, N.D. Ill., 2017 U.S. Dist. LEXIS 137607).



7th Circuit Reinstates Individual Labeling Claims Against Boiron, Denies Class
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 24 upheld the denial of class certification in a deceptive marketing lawsuit filed against the maker of homeopathic products, finding that most consumers have already been protected by a previous class settlement, but reversed the district court's ruling that the named plaintiff who had opted out of the original settlement had no legal right to reject the company's offer of settlement and remanded for further proceedings (Chad Conrad v. Boiron, Inc., et al., No. 16-3656, 7th Cir., 2017 U.S. App. LEXIS 16180).



Builder: Appeal Of Discovery Ruling Does Not Affect Class Certification Issues
BEAUFORT, S.C. - The builders of homes with allegedly improperly installed stucco told a federal judge in South Carolina on Aug. 23 that a woman's class allegations should be stricken because she has missed the deadline for filing her motion for class certification and that her appeal of a discovery ruling has no impact on class certification issues (Jacqueline L. Craft v. South Carolina Plastering, LLC, et al., No. 15-cv-05080-PMD, D. S.C.).



Ohio Federal Judge Finds 'Fail-Safe' Class Is Impermissible In FMLA Suit
DAYTON, Ohio - An Ohio federal judge on Aug. 17 overruled a motion for class certification filed in a Family and Medical Leave Act (FMLA) suit by former transit employees, finding that the proposed class was an impermissible "fail-safe class" that couldn't be defined until after the case was resolved on its merits (Michele Wilkinson, et al. v. Greater Dayton Regional Transit Authority, No. 11-247, S.D. Ohio, 2017 U.S. Dist. LEXIS 131643).



Student Loan Borrowers Class Denied Certification In Discharged Loan Suit
HUNTINGTON, W.Va. - A West Virginia federal judge on Aug. 23 ruled that a borrower who alleges that she and others were wronged by the U.S. Department of Education (DoE) when it rehabilitated loans that were subject to discharge failed to prove numerosity in support of her motion for class certification (Karen Adams, et al. v. Betsy DeVos, No. 15-3592, S.D. W.Va., 2017 U.S. Dist. LEXIS 134727).



Class Certification Granted In Wisconsin Ginseng Growers' Lanham Act Suit
MILWAUKEE - A Wisconsin federal magistrate judge on Aug. 25 certified a class of individuals and entities that are registered ginseng growers in that state and are suing other sellers who they allege are trying to pass off their China-grown ginseng as having been grown in Wisconsin, thereby flooding the U.S. market and depressing prices and by eroding the status of Wisconsin-grown ginseng (Baumann Farms, LLP, et al. v. Yin Wall City, Inc., et al., No. 16-CV-605, E.D. Wis., 2017 U.S. Dist. LEXIS 136823).



1st Circuit Dismisses Man's Attempt To Become Plaintiff In Dead Spouse's Class Suit
BOSTON - A First Circuit U.S. Court of Appeals panel on Aug. 16 dismissed the appeal of a trial court's rejection of a Massachusetts man's attempt to amend his late wife's putative class action complaint against a retailer over its collection of ZIP codes to name himself as the lead plaintiff, finding that the man, as a nonparty, may not appeal (Jacqueline Brenner, et al. v. Williams-Sonoma, Inc., No. 16-2313, 1st Cir., 2017 U.S. App. LEXIS 15401).



8th Circuit: Scottrade Hacking Victims Have Standing, Failed To State Claims
ST. LOUIS - A trial court erred when it ruled that customers of a hacked securities brokerage firm lacked standing to bring at least their contract-related class claims after the theft of their data; however, the plaintiffs' claims fail because they did not state claims upon which relief can be granted, an Eighth Circuit U.S. Court of Appeals panel ruled Aug. 21 (Matthew Kuhns, et al. v. Scottrade, Inc., Nos. 16-3426, 16-3542, 8th Cir., 2017 U.S. App. LEXIS 15857).



Judge Dismisses UCL, False Advertising Claims Related To Juice Sugar Levels
LOS ANGELES - A California federal judge on Aug. 18 partially dismissed claims for false advertising and violation of California's unfair competition law (UCL) asserted by a consumer, who alleged that certain apple juice products mispresented the level of sugar in the drinks, finding that she did not plead her claims with the required amount of particularity (Sonia Perez v. The Kroger Co., et al., No. 2:17-cv-02448, C.D. Calif., 2017 U.S. Dist. LEXIS 133476).



Parmesan Cheese Labeling MDL Dismissed For Failing To Show '100%' Means Only Cheese
CHICAGO - An Illinois federal judge on Aug. 24 dismissed a multidistrict litigation over the "100% Grated Parmesan Cheese" labeling on various brands of grated cheese that include ingredients other than cheese, finding that the statement doesn't necessarily mean the product contains only cheese (In Re: 100% Grated Parmesan Cheese Marketing and Sales Practices Litigation, No. 16-5802, N.D. Ill., 2017 U.S. Dist. LEXIS 135523).



Illinois Federal Judge Tosses Class Suit Over Zillow Housing Values
CHICAGO - An Illinois federal judge on Aug. 23 dismissed a class suit filed by the owners of a Shaumburg, Ill., property who claimed that a real estate website underestimated the value of their property in violation of Illinois state laws, finding that the plaintiff's claims failed under Illinois statutory law (Vipul P. Patel, et al. v. Zillow, Inc., et al., No. 17-4008, N.D. Ill., 2017 U.S. Dist. LEXIS 134785).



Federal Judge Says Suit Over Sheriff's Sales' Proceeds Doesn't Belong In Court
PHILADELPHIA - A Pennsylvania federal judge on Aug. 23 dismissed a class complaint accusing the Philadelphia Sheriff's Office of violating property owners' procedural due process when distributing unused proceeds following sheriff's sales, finding the lead plaintiff failed to employ the process available under Pennsylvania law to challenge the distribution of proceeds (Joanne Thornton v. City of Philadelphia, et al., No. 16-5554, E.D. Pa., 2017 U.S. Dist. LEXIS 134844).



Uber Again Seeks Dismissal Of Drivers' Data Breach Class Action
SAN FRANCISCO - Uber Technologies Inc. says in an Aug. 24 motion that despite the recent filing of an amended complaint, two former Uber drivers bringing a putative class action over a 2014 data breach still fail "to identify a single instance of identity theft stemming from the" breach, asking a California federal judge to again dismiss the suit (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).



New York Federal Judge Cuts Breach Of Loyalty Claims In NYU Lawsuit
NEW YORK - A New York federal judge on Aug. 25 dismissed several claims in an Employee Retirement Income Security Act class action lawsuit against New York University, saying that the plaintiffs failed to plead sufficient facts to support their claims that the university breached its duty of loyalty by not offering any factual allegations that actions taken by the university benefitted a third party or itself (Dr. Alan Sacerdote, et al. v. New York University, et al., No. 1:16-cv-6284, S.D. N.Y., 2017 U.S. Dist. LEXIS 137115).



3rd Circuit: Claims Of Unlawful Reverse Patent Payments Are Plausible
PHILADELPHIA - In a consolidated appeal of disputes involving the brand-name drugs Lipitor and Effexor XR, the Third Circuit U.S. Court of Appeals on Aug. 21 deemed antitrust allegations stemming from reverse payment patent settlement agreements plausible under the standards set in FTC v. Actavis, Inc., 133 S. Ct. 2233 (2013), and King Drug Co. of Florence v. Smithkline Beecham Corp., 791 F.3d 388, 394 (3d Cir. 2015) (In re: Lipitor Antitrust Litigation, Nos. 14-4202, -4203, -4204, -4205, -4206, -4602, -4632, 15-1184, -1185, -1186, -1187, -1274, -1323 and 15-134, 3rd Cir., 2017 U.S. App. LEXIS 6346).



9th Circuit Panel Partially Overturns Securities Class Action Ruling
SEATTLE - A federal district court partially erred in dismissing a shareholder class action lawsuit against a health care company and its CEO over their alleged misrepresentations made with regard to its breast cancer screening products because the lead plaintiff has shown that certain of the defendants' statements were false and/or material in violation of federal securities laws, a Ninth Circuit U.S. Court of Appeals panel ruled Aug. 18 in partially reversing the lower court's ruling (In re Atossa Genetics Inc. Securities Litigation, No. 14-35933, 9th Cir., 2017 U.S. App. LEXIS 15658).



6th Circuit Finds No Unjust Enrichment In Online Purchase Of $27 Speakers
CINCINNATI - An Ohio man who paid for and received a pair of $27 speakers from an online marketplace failed to establish that the site's juxtaposition of a higher, crossed-out price constituted unjust enrichment, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 16, also affirming dismissal of a putative consumer sales practice claim for failure to allege actual damages (Max Gerboc v. ContextLogic Inc., No. 16-4734, 6th Cir., 2017 U.S. App. LEXIS 15378).



Objector's Counsel In Settled Suit Over 'Free Cruise' Calls Is Denied Attorney Fees
CHICAGO - An Illinois federal judge on Aug. 24 denied a motion for nearly $60,000 in attorney fees filed by an objector in a Telephone Consumer Protection Act (TCPA) class suit that was settled for up to $76 million, finding that the objector's counsel did not provide a material benefit to the class (Gerardo Aranda, et al. v. Caribbean Cruise Line, Inc., et al., No. 12-4069, N.D. Ill., 2017 U.S. Dist. LEXIS 135755).



2nd Circuit Orders Arbitration Of Uber Price-Fixing Claims Unless It Waived Its Right
NEW YORK - A mobile application by Uber Technologies Inc., a ridesharing service, provided "reasonably conspicuous notice" of its terms of service, which included an arbitration clause, as a matter of California law, a Second Circuit U.S. Court of Appeals panel ruled Aug. 17 in a price-fixing class complaint, ordering a trial court on remand to determine whether Uber and its co-founder waived their right to arbitration by litigating the case (Spencer Meyer, et al. v. Uber Technologies, Inc., et al., Nos. 16-2750, 16-2752, 2nd Cir., 2017 U.S. App. LEXIS 15497).



7th Circuit Panel Tosses 'Worthless' $525,000 Subway Footlong Sandwich Settlement
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on Aug. 25 threw out a $525,000 settlement in a multidistrict litigation against the franchisor of Subway restaurants over the actual length of the chain's "Footlong" submarine sandwiches, saying it yields "zero benefits for the class" (In Re: Subway Footlong Sandwich Marketing and Sales Practices Litigation, Appeal of: Theodore Frank, No. 16-1652, 7th Cir., 2017 U.S. App. LEXIS 16260).



Final Approval Granted In Faulty BMW Convertible Tops Class Suit Settlement
NEWARK, N.J. - A New Jersey federal judge on Aug. 24 granted final approval of a settlement reached between BMW of North America LLC and BMW Aktiengesellschaft and owners of certain BMW convertibles with allegedly faulty tops that will provide repairs, an extended warranty and reimbursement of out-of-pocket expenses (Robert Gray, et al. v. BMW of North America, LLC, et al., No. 13-3417, D. N.J., 2017 U.S. Dist. LEXIS 135593).



Final Approval Granted To Facebook Message-Scanning Class Action Settlement
OAKLAND, Calif. - Four months after preliminarily approving settlement of a class action that accused Facebook Inc. of privacy violations related to its scanning of users' private messages (PMs) for advertisement purposes, a California federal judge on Aug. 18 granted the plaintiffs' motion for final judgment, deeming proposed incentive and attorney fee awards to be reasonable (Matthew Campbell, et al. v. Facebook Inc., No. 4:13-cv-05996, N.D. Calif., 2017 U.S. Dist. LEXIS 132624).



Appropriateness Of Cy Pres Google Cookie Class Settlement Debated In 3rd Circuit
PHILADELPHIA - A lone objector to the settlement of a privacy class action over cookie placement on users' computers by Google Inc., continued to argue against its cy pres-only nature in an Aug. 25 reply brief before the Third Circuit U.S. Court of Appeals, arguing that the class would be better served with a claims process (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 17-1480, 3rd Cir.).



Neiman Marcus Shoppers Seek Approval Of $1.6 Million Data Breach Suit Settlement
CHICAGO - Two months after an Illinois federal judge granted preliminary approval of a $1.6 million settlement of a class action over a 2013 breach of Neiman Marcus Group LLC's network, the plaintiffs, representing a class of customers whose credit card information was stolen, filed an Aug. 21 motion seeking final approval of the settlement (Hilary Remijas, et al. v. Neiman Marcus Group LLC, No. 1:14-cv-01735, N.D. Ill.).



9th Circuit Approves $8.5 Million Cy Pres Settlement Of Google Privacy Suit
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel majority on Aug. 22 affirmed a trial court's approval of an $8.5 million cy pres settlement of a class action alleging privacy violations in Google Inc.'s forwarding of users' web browser referrer header information to third parties, deeming it appropriate in light of the large size of the class (In Re Google Referrer Header Privacy Litigation, No. 15-15858, 9th Cir., 2017 U.S. App. LEXIS 15955).



NLRB: SCOTUS Arbitration Precedent Doesn't Require Rejection Of Board's Ruling
WASHINGTON, D.C. - The U.S. Supreme Court's Federal Arbitration Act (FAA) precedent does not require that the high court reject a ruling by the National Labor Relations Board (NLRB) finding that individual arbitration agreements interfere with employees' rights to engage in concerted legal activity in violation of the National Labor Relations Act (NLRA), the NLRB argued in an Aug. 9 brief filed in the U.S. Supreme Court in one of three appeals, consolidated by the high court, that challenge the barring of class or collective action waivers in employment agreements (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup.).



Federal Judge Refuses To Reconsider Consolidation Of Flint, Mich., Water Cases
DETROIT - A federal judge in Michigan on Aug. 15 issued a second order consolidating all of the lawsuits pertaining to the lead-contaminated water crisis in Flint, Mich., into one action in response to a motion to reconsider filed by a group of state employee defendants. The one-page order did not elaborate on the ruling (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.).



Judge Remands UCL Claims Against Makers Of Feather Products To California Court
LOS ANGELES - After finding that the makers of down feather products failed to show that claims asserted by a former employer for violation of California's unfair competition law (UCL) and other causes of action did not meet the amount in controversy requirements to maintain federal jurisdiction, a California federal judge on Aug. 28 remanded the case to state court (Maria Serrano v. Pacific Coast Feather Cushion Co., et al., No. 17-4414, C.D. Calif., 2017 U.S. Dist. LEXIS 138153).



New York Couple To Proceed With 4 Class Claims Over Chipping Wolf Range
CENTRAL ISLIP, N.Y. - A New York federal judge on Aug. 21 permitted a New York couple to proceed with four claims they brought on behalf of a class alleging breach of warranty and negligent misrepresentation after their replacement Wolf Appliance Inc. range continued to have issues with chipping inside and Wolf refused to replace it, citing an allegedly modified warranty (Ivan and Melanie Kail, et al. v. Wolf Appliance, Inc., No. 15-3513, E.D. N.Y., 2017 U.S. Dist. LEXIS 133280).



Admitted Expert Opinions Doom Woman's Class Action Over Gingko Biloba Supplements
SAN DIEGO - A consumer cannot pursue a class action alleging that product claims on the label for nutritional supplements are false because admitted expert testimony that scientific evidence supports the claims on the label precludes the consumer's claims, a California federal judge ruled Aug. 23 after denying the consumer's bid to exclude the expert opinions (Tatiana Korolshteyn v. Costco Wholesale Corporation, et al., No. 15-709, S.D. Calif., 2017 U.S. Dist. LEXIS 135303).



6th Circuit: Nursing Home's Management Company Isn't Liable For WARN Act Violations
CINCINNATI - A management company that was hired to turn around a nursing home suffering from health and safety violations, but failed to do so, is not liable for Worker Adjustment and Retraining Notification (WARN) Act violation claims brought by a class of employees because it was not the employer, a Sixth Circuit U.S. Court of Appeals panel ruled Aug. 18 (Debi McKinney, et al. v. Carlton Manor Nursing & Rehabilitation Center, Inc., et al., No. 16-3895, 6th Cir., 2017 U.S. App. LEXIS 15647).



Minnesota Federal Judge Strikes University's Offer In Class Suit Over Athletics
ST. PAUL, Minn. - A Minnesota federal judge on Aug. 20 adopted a magistrate judge's report and recommendation in a class suit accusing a university of failing to provide female student-athletes with the same opportunities as the male athletes and struck the university's offer of judgment, finding that it creates a conflict of interest (Alexie Portz, et al. v. St. Cloud State University, et al., No. 16-1115, D. Minn., 2017 U.S. Dist. LEXIS 132973).



Aetna Again Sued For Not Protecting Privacy Of HIV Patients
PHILADELPHIA - A policyholder of Aetna Inc. filed a class complaint against the insurer in Pennsylvania federal court Aug. 28, alleging that in settling two previous lawsuits over purported privacy violations of its insureds that take HIV medications, the insurer again violated their privacy with an indiscreet mailing (Andrew Beckett v. Aetna Inc., et al., No. 2:17-cv-03864, E.D. Pa.).



Class Complaint Alleges Injuries From Amazon's Faulty Eclipse Glasses
CHARLESTON, S.C. - Consumers who purchased glasses for viewing the Aug. 21 solar eclipse from Amazon.com Inc. purchased a product that Amazon knew or should have known was defective and would cause various eye injuries, two South Carolina residents allege in their Aug. 29 class complaint filed in the U.S. District Court for the District of South Carolina (Thomas Corey Payne, et al. v. Amazon.com, Inc., No. 17-2313, D. S.C.).



Facebook Users Replead Contractual Claims In Cookie-Tracking Class Action
SAN JOSE, Calif. - Two months after a California federal judge dismissed with prejudice most of the privacy-related claims in a putative class action accusing Facebook Inc. of tracking users' internet activity without their consent, the lead plaintiffs on Aug. 25 filed a third amended consolidated complaint restating two contractual claims alleging that the social network violated its assurances that it would not engage in such tracking (In re: Facebook Internet Tracking Litigation, No. 5:12-md-02314, N.D. Calif.).



Borrower Files Class Action, Claims Wells Fargo Wrongly Charged Interest Fees
SAN FRANCISCO - A first-time homebuyer on Aug. 28 filed a class action complaint in a California federal court, alleging that Wells Fargo & Co. violated the Real Estate Settlement Procedures Act (RESPA) and the Truth in Lending Act (TILA) by wrongly charging borrowers mortgage interest rate-lock extension fees (Victor Muniz v. Wells Fargo & Co., et al., No. 3:17-cv-04995, N.D. Calif.).



Angie's List Sued Over False, Misleading Proposed Merger Deal Documents
INDIANAPOLIS - The board of directors and CEO of an online review and rankings site for service professionals in local areas filed documents in support of a proposed merger deal that failed to provide shareholders with the necessary information to conduct a proper vote on a proposed merger deal, a shareholder argues in a July 20 securities class action complaint filed in Indiana federal court (David Pill v. Angie's List Inc., et al., No. 17-2461, S.D. Ind.).



Mortgage Fees, Inferior Streaming Quality, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging improper mortgage fees, inferior streaming quality, privacy violations, deceptive pricing and wage-and-hour violations.



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.).