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DOJ Flips Support To Employer In Supreme Court Class Waiver Appeal
WASHINGTON, D.C. - The United States filed an amicus curiae brief on June 16 in the U.S. Supreme Court fully supporting the employers in three consolidated appeals challenging the barring of class or collective action waivers in employment agreements, noting that it was changing its position as it had previously filed a petition for a writ of certiorari on behalf of the National Labor Relations Board in one of the cases, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup. (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.).



U.S. High Court Vacates, Remands Malpractice Class Certification Ruling
WASHINGTON, D.C. - The U.S. Supreme Court on June 19, in a summary disposition, granted a petition for writ of certiorari in an appeal debating whether class certification should be granted in a malpractice lawsuit filed against a law firm, vacated a judgment by the Ninth Circuit U.S. Court of Appeals that vacated the trial court's denial of class certification and remanded for further consideration in light of the high court's recent ruling in Microsoft Corp. v. Baker, 582 U.S. __ (2017) (Milberg LLP, et al. v. Lance Laber, No. 15-734, U.S. Sup.).



Voluntary Dismissal Of Xbox Class Action Barred Appellate Review, High Court Rules
WASHINGTON, D.C. - The voluntary dismissal with prejudice of class claims against Microsoft Corp. over allegedly defective Xbox 360 gaming consoles deprived an appeals court of jurisdiction under 28 U.S. Code Section 1291, a U.S. Supreme Court majority ruled June 12, reversing a ruling of the Ninth Circuit U.S. Court of Appeals (Microsoft Corp. v. Seth Baker, et al., No. 15-457, U.S. Sup., 2017 U.S. LEXIS 3721).



High Court: Church-Affiliated Hospitals Fall Under ERISA's Church-Plan Exemption
WASHINGTON, D.C. - A unanimous U.S. Supreme Court ruled June 5 in three "church plan" class action lawsuits that pension plans for religious nonprofits, regardless of who established them, are exempt from the minimum funding and reporting and disclosure requirements of the Employee Retirement Income Security Act (Advocate Health Care Network, et al. v. Maria Stapleton, et al., No. 16-74, Saint Peter's Healthcare System, et al. v. Laurence Kaplan, No. 16-86, Dignity Health, et al. v. Starla Rollins, No. 16-258, U.S. Sup.).



Nevada Supreme Court: Wage Class Claims Can't Proceed Against Taxi Company
CARSON CITY, Nev. - A taxi driver may not proceed with his proposed class wage claims against his employer because he failed to properly oppose a motion for summary judgment and the claims he brought were previously resolved in a grievance filed by the union representing the drivers, the Nevada Supreme Court ruled June 1 (Michael Sargeant, et al. v. Henderson Taxi, No. 69773, Nev. Sup., 2017 Nev. LEXIS 42).



Ohio Appellate Panel Finds Too Much Effort To Identify Class Members
CLEVELAND - An Ohio appellate panel on June 15 reversed certification of a class of vehicle buyers suing over sales practices, finding abuse of discretion by the trial court because there is no showing of predominance and class members can't be identified without expending more than a reasonable effort (William Konarzewski, et al. v. Ganley, Inc., et al., No. 104681, Ohio App., 8th Dist., 2017 Ohio App. LEXIS 2347).



11th Circuit: No Class Certification In Debt Collection Settlement Proposal
ATLANTA - An 11th Circuit U.S. Court of Appeals panel on May 30 upheld a trial court's ruling denying class certification and mooting a joint motion for approval of a settlement agreement in a debt collection lawsuit, finding that the lead plaintiffs failed to satisfy Federal Rule of Civil Procedure 23's predominance requirement (Raymundo Landeros, et al. v. Pinnacle Recovery, Inc., No. 16-11975, 11th Cir., 2017 U.S. App. LEXIS 9419).



Conditional Class Certification Granted In Oil Field Employees' Wage-And-Hour Suit
PITTSBURGH - An employee of a Pennsylvania oil field who alleges that he was paid miscalculated overtime wages or none at all was granted conditional class certification June 6 in his wage-and-hour lawsuit by a Pennsylvania federal judge (Christopher Meals, et al. v. Keane Frac GP LLC, et al., No. 16-1674, W.D. Pa., 2017 U.S. Dist. LEXIS 86149).



Wash. Disabled Residents' Class Certification Motion Fails In Suit Over Services
SEATTLE - A Washington federal judge on June 14 denied certification of a class of developmentally disabled residents who claim they have been deprived of prompt access to Medicaid-funded living services, finding the plaintiffs failed to provide an acceptable class definition or satisfy Federal Rule of Civil Procedure 23(a)'s numerosity, commonality and typicality requirements (C.F., et al. v. Lashway, et al., No. 16-1205, W.D. Wash., 2017 U.S. Dist. LEXIS 91607).



Judge Certifies Class In Mental Health Insurance Coverage Denial Case
SAN JOSE, Calif. - A federal judge in California on June 15 granted class certification to a group of plaintiffs seeking reprocessing of mental health insurance claims after their insurer allegedly imposed overly strict definitions of medically necessary care in contravention of the plans' terms (Charles Des Roches, et al. v. California Physicians' Service, et al., No. 16-2848, N.D. Calif., 2017 U.S. Dist. LEXIS 92573).



Federal Judge Partly Denies Motion To Conditionally Certify FLSA Collective Action
SAN JOSE, Calif. - A California federal judge on June 9 granted in part and denied in part a retired bus driver's motion to conditionally certify a collective action under the Fair Labor Standards Act (FLSA) (Robert Estorga v. Santa Clara Valley Transportation Authority, No. 16-02668, N.D. Calif., 2017 U.S. Dist. LEXIS 89200).



Judge Denies Tennessee Man's Motion To Certify Class Over Faulty Shingles
ATLANTA - A federal judge in Georgia on June 8 refused to certify a class for homeowners in Tennessee whose houses have Atlas Roofing Corp.'s Chalet brand shingles that are allegedly defective because they retain water and prematurely cup and curl, finding that the individual issues predominate over classwide issues (In re: Atlas Roofing Corporation Chalet Shingle Products liability Litigation, MDL 2495, Michael Mazza, et al. v. Atlas Roofing Corporation, No. 13-CV-4218-TWT, N.D. Ga., 2017 U.S. Dist. LEXIS 88495).



Illinois Federal Judge Conditionally Certifies Restaurant Workers' Action
CHICAGO - An Illinois federal judge on June 7 conditionally certified a Fair Labor Standards Act (FLSA) collective action brought by Buffalo Wild Wings (BWW) restaurant workers, saying the plaintiffs make a modest showing that the defendants' BWW franchises had a common policy or practice of requiring bartenders and servers to perform non-tipped maintenance or janitorial duties that are not related to their occupations (Lindsay Grosscup, et al. v. KPW Management Inc., et al., No. 16-cv-06501, N.D. Ill., 2017 U.S. Dist. LEXIS 87014).



7th Circuit: Unaccepted Offer Under Rule 67 Doesn't Moot Claims
CHICAGO - An unaccepted offer of relief submitted pursuant to Federal Rule of Civil Procedure 67 is no different than one submitted under Rule 68 and is insufficient to moot the claims, a Seventh Circuit U.S. Court of Appeals panel ruled June 20 (Fulton Dental, LLC v. Bisco, Inc., No. 16-3574, 7th Cir., 2017 U.S. App. LEXIS 10839).



Verdict Against Trans Union Returned In Class Suit Over Credit Report Disclosures
SAN FRANCISCO - A California federal jury returned a verdict on June 20 against Trans Union LLC in a class action accusing the credit-reporting agency of failing to provide proper disclosures and failing to ensure the maximum accuracy on its credit reports for individuals with names potentially matching the names of individuals on the U.S. government's list of terrorists and drug traffickers and individuals involved in activities related to the proliferation of weapons of mass destruction (Sergio L. Ramirez v. Trans Union, LLC, No. 12-632, N.D. Calif.).



2nd Circuit Reinstates Class Suit Accusing Whole Foods Of Overstating Weight
NEW YORK - The Second Circuit U.S. Court of Appeals on June 2 reinstated a class suit accusing Whole Foods Market Group Inc. of systemically overstating the weights of prepackaged food products and, as a result, overcharging customers, finding that the lead plaintiff plausibly alleged an injury-in-fact (Sean John, et al. v. Whole Foods Market Group, Inc., No. 16-986, 2nd Cir., 2017 U.S. App. LEXIS 9770).



Vizio, Class Debate 'Tracked Data' Definition In Smart TV Privacy Suit
SANTA ANA, Calif. - In a pair of supplemental memoranda filed June 13 in California federal court, Vizio Inc. and a putative class of owners of its smart TVs argue over the proper definition of the term "tracked data" as it relates to the plaintiffs' wiretap and privacy claims over Vizio's alleged collection of viewer data, as well as to the scope of plaintiffs' discovery requests (In Re: Vizio, Inc., Consumer Privacy Litigation, No. 8:16-ml-02693, C.D. Calif.).



Judge Denies Reconsideration Of Twice-Dismissed J. Crew Receipt Class Complaint
NEWARK, N.J. - A New Jersey federal judge on June 14 denied without comment a plaintiff's motion to reconsider a June 6 ruling that dismissed, for the second time, a putative class action alleging that J. Crew Group Inc. violated the Fair and Accurate Credit Transactions Act (FACTA) by printing too many credit card digits on customers' receipts (Ahmed Kamal v. J. Crew Group Inc., et al., No. 2:15-cv-00190, D. N.J., 2017 U.S. Dist. LEXIS 91080).



California Federal Judge Again Tosses ERISA Class Action Against Chevron Corp.
OAKLAND, Calif. - A California federal judge on May 31 granted Chevron Corp.'s motion to dismiss an amended Employee Retirement Income Security Act class action against it alleging breach of fiduciary duty, saying that the plaintiffs failed to allege facts sufficient to raise a plausible inference that the defendants took any actions for the purpose of benefitting themselves at the expense of retirement plan participants or that they acted under any actual or perceived conflict of interest (Charles E. White, et al. v. Chevron Corp., et al., No. 16-cv-0793, N.D. Calif., 2017 U.S. Dist. LEXIS 893474).



Judge Dismisses Securities Class Action Against Tech Company With Prejudice
BOSTON - A federal judge on June 6 granted a motion to dismiss filed by a software company and certain of its executive officers, ruling that a lead plaintiff failed to plead any material misrepresentations or scienter in making his federal securities law claims (Richard Sousa v. Sonus Networks Inc., et al., No. 16-10657, D. Mass, 2017 U.S. Dist. LEXIS 87375).



Click Fraud Class Complaint Over Google AdWords Program Dismissed
SAN JOSE, Calif. - A small business owner that alleged fraud and misrepresentation by Google Inc. due to click fraud associated with its AdWords program saw his putative class complaint dismissed June 2 by a California federal judge who found a lack of facts to support the plaintiff's unfair competition and false advertising claims (Gurminder Singh v. Google Inc., No. 5:16-cv-03734, N.D. Calif.; 2017 U.S. Dist. LEXIS 85196).



1st Circuit Asked To Decide Whether Securities Claims Were Properly Pleaded
BOSTON - Parties in a securities class action lawsuit against a drug company and certain of its current and former executive officers asked the First Circuit U.S. Court of Appeals recently to determine whether a federal judge in Massachusetts erred in dismissing the shareholders' federal securities law claims for failure to plead scienter (Morad Ghodooshim, et al. v. Sarepta Therapeutics Inc., et al., No. 17-1139, 1st Cir.).



Victoria's Secret Agrees To Settle Call-In Scheduling Dispute For $12 Million
LOS ANGELES - Former employees suing Victoria's Secret Stores LLC (VS) for violating California's reporting time law moved in the U.S. District Court for the Central District of California on June 8 for preliminary approval of a $12 million class action settlement (Mayra Casas, et al. v. Victoria's Secret Stores, LLC, et al., No. 14-6412, C.D. Calif.).



More Briefing Ordered As Counsel Tries To Substitute Plaintiffs In Costco Wage Suit
SAN DIEGO - A California federal judge on June 2 ordered supplemental briefing after the counsel representing a class of Costco Wholesale Corp. employees in a wage dispute asked to amend the complaint to substitute new class representatives and to withdraw from representing the lead named plaintiffs after they allegedly reneged on a settlement (Paula Dittmar, et al. v. Costco Wholesale Corp., No. 14-1156, S.D. Calif., 2017 U.S. Dist. LEXIS 85193).



Judge Rejects Settlement Of PAGA Penalties, Finds Ambiguity On Released Claims
SAN DIEGO - After finding that a proposed settlement of class action claims seeking penalties under the Private Attorneys General Act of 2004 (PAGA) did not leave the class members with a clear option for asserting their non-PAGA claims, a California federal judge on June 12 denied a joint motion for approval of the agreement (David Vargas v. Central Freight Lines Inc., et al., No. 3:16-cv-00507, S.D. Calif., 2017 U.S. Dist. LEXIS 90070).



Panel: Securities Settlement Stands Despite Class's Claim That It Is Incomplete
ST. LOUIS - A panel of the Eighth Circuit U.S. Court of Appeals on June 12 affirmed a lower court's ruling that a company's payment to a class of bondholders who brought a class action alleging violations of a state securities act complied with the "unambiguous language" of a stipulated settlement despite the class's contention that the payment was incomplete (John W. Cromeans, et al. v. Morgan Keegan & Company, et al., No. 16-2417, 8th Cir.; 2017 U.S. App. LEXIS 10413).



Judge Approves Proposed Settlement For Class Members, FLSA Collective Members
NEWARK, N.J. - A New Jersey federal judge on June 9 granted final approval of a proposed settlement as fair, reasonable and adequate for class members and Fair Labor Standards Act (FLSA) collective members, further approving $450,000 in class counsel fees and costs and a $10,000 service award to the named plaintiff (Juan Luna Dominguez, et al. v. Galaxy Recycling Inc., et al., No. 12-7521, D. N.J., 2017 U.S. Dist. LEXIS 88855).



Caribou Coffee To Pay $8.5 Million To Settle TCPA Class Suit
MADISON, Wis. - Plaintiffs suing Caribou Coffee Co. Inc. for sending unsolicited text message advertisements moved June 13 in a Wisconsin federal court for preliminary approval of an $8.5 million settlement (Kristie Farnham, et al. v. Caribou Coffee Company, Inc., No. 16-295, W.D. Wis.).



Merrill Lynch To Settle 401(k) Class Action Lawsuit For $25 Million
MIAMI - Plaintiffs in a class action against Merrill Lynch, Pierce, Fenner & Smith Inc. on June 8 filed an unopposed motion for preliminary approval of a $25 million settlement of a 401(k) lawsuit alleging that Merrill Lynch breached its fiduciary duties by failing to ensure that small retirement plan clients received mutual fund sales discounts (Benjamin Fernandez, et al. v. Merrill Lynch, Pierce, Fenner & Smith Inc., No. 1:15-cv-22782, S.D. Fla.).



Report: 2016 Securities Class Action Settlements Among Top 100 All-Time
NEW YORK - A total of 13 settlements in 2016 were large enough to be added to the top 100 list of securities class action settlements, including one to the top 10 all-time, in terms of total settlement amount, according to a report issued by corporate governance solutions provider Institutional Shareholder Services Inc. (ISS) Securities Class Action Services Inc. on June 13.



Summary Judgment, Conditional Certification Denied In Attorney's Bias Suit
NEW YORK - A New York federal judge on June 14 denied numerous motions in a gender bias suit brought by a former Chadbourne & Parke LLP partner, including one for summary judgment and one for conditional certification of a collective action under the Equal Pay Act, finding that additional discovery must occur (Kerrie Campbell, et al. v. Chadbourne & Parke LLP, et al., No. 16-6832, S.D. N.Y., 2017 U.S. Dist. LEXIS 91289).



5th Circuit Reverses Ruling That Drilling-Fluid Specialists Are Exempt Workers
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals on May 30 reversed a trial court's ruling that drilling-fluid specialists were exempt from receiving overtime under the Fair Labor Standards Act's (FLSA) administrative exemption and remanded for further proceedings, finding that the employer failed to establish "its affirmative defense beyond peradventure" (Matthew Dewan, et al. v. M-I, L.L.C., doing business as M-I SWACO, No. 16-20182, 5th Cir., 2017 U.S. App. LEXIS 9395).



4th Circuit Panel Affirms Judgment For Michelin Plan On Injection Payment Rulings
RICHMOND, Va. - A Fourth Circuit U.S. Court of Appeals panel on June 13 affirmed the grant of summary judgment to defendants in a case where a plaintiff sued under the Employee Retirement Income Security Act seeking additional reimbursement for a series of steroid knee injections that an orthopedic surgeon administered to his spouse, finding no abuse of discretion in the defendants' decision to not provide additional insurance coverage and no error in the trial court's refusal to consider information that the plaintiff failed to provide during the administrative appeals process (Monte Hooper, et al. v. UnitedHealthcare Insurance Co., et al., No. 15-2157, 4th Cir., 2017 U.S. App. LEXIS 10482).



California Federal Judge: Jan-Pro International Not Employer Of Its Franchisees
SAN FRANCISCO - A California federal judge on May 24 granted cleaning franchisor Jan-Pro Franchising International Inc.'s (JPI) motion for summary judgment in a wage-and-hour class action brought by three California plaintiffs, saying that JPI did not exercise direct or indirect control of its unit franchisees' wages, hours or working conditions (Gloria Roman, et al. v. Jan-Pro Franchising International Inc., No. C 16-05961, N.D. Calif., 2017 U.S. Dist. LEXIS 79967).



Facebook Seeks Renewed Discovery Stay In Biometrics Class Action
SAN FRANCISCO - Facebook Inc. on June 19 moved to renew a motion to stay discovery in a putative class action alleging that the social network violated Illinois' Biometric Information Privacy Act (BIPA), which it originally filed in California federal court in February, arguing that a pending Ninth Circuit U.S. Court of Appeals ruling could be dispositive of disputed jurisdictional questions and could moot the plaintiffs' discovery requests (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).



Michigan Federal Judge Denies Sanctions Sought By Both Sides In Airline Fee Suit
DETROIT - A Michigan federal judge on June 6 denied motions for sanctions filed by both sides in a suit over airline ticket costs, determining that an award for either side would be inappropriate because all sides, including the court, were to blame for the long, drawn-out litigation (Stuart Sandweiss, et al. v. Spirit Airlines, Inc., No. 16-121114, E.D. Mich., 2017 U.S. Dist. LEXIS 86167).



Pa. Federal Judge Appoints Lead Plaintiff In Securities Fraud Class Action Suit
PHILADELPHIA - A Pennsylvania federal judge on June 13 appointed the lead plaintiff in a securities fraud class action suit after determining that the sole movant for lead plaintiff suffered the largest financial loss in the proposed class of more than $83,000 (Courtney Elkin v. Walter Investment Management Group et al., No. 17-2025, E.D. Pa., 2017 U.S. Dist. LEXIS 90156).



Brooks Brothers Sued By Customer Class Following Data Breach
LOS ANGELES - Brooks Brothers Group Inc. failed to take necessary measures to protect customers' personal data, including credit card numbers, exposing those customers to identity theft, a California man claims in his June 9 class complaint filed in the U.S. District Court for the Central District of California (Scott Ables, et al. v. Brooks Brothers Group, Inc., No. 17-4309, C.D. Calif.).



Class Claims Blue Cross Improperly Denies Women Necessary Cancer Drugs
DAVIE, Fla. - Blue Cross and Blue Shield (BCBS) of Florida Inc. deceptively markets its pharmacy benefits as covering all medically necessary drugs while denying medically necessary drugs to women suffering from cancer, according to a Florida state court class action filed June 13 (Robin Chusid and Mitchel Chusid v. Blue Cross and Blue Shield of Florida Inc., No. CACE17010947, Fla. 17th Jud. Cir.).



3 More Class Actions Filed Under ERISA Against University Retirement Plans
Three class actions alleging breach of fiduciary duty were filed recently against university retirement plans that claim that the plan administrators caused plan participants and beneficiaries to pay excessive and unreasonable fees (Winifred J. Daugherty, et al. v. The University of Chicago, No. 1:17-cv-03736, N.D. Ill.; Latasha Davis, et al. v. Washington University in St. Louis, No. 4:17-cv-01641, E.D. Mo.; Elysee Nicolas, et al. v. The Trustees of Princeton University, No. 2:17-cv-3695, D. N.J.).



Class Action Over Cost Of EpiPens Filed In Minnesota Federal Court
MINNEAPOLIS - A putative class action brought pursuant to the Employee Retirement Income Security Act alleging that pharmacy benefits managers' violation of their fiduciary duty caused the price of a drug used to treat severe, life-threatening allergic reaction to skyrocket was filed June 2 in Minnesota federal court (Elan and Adam Klein, et al. v. Prime Therapeutics LLC, et al., No. 0:17-cv-01884, D. Minn.).



Former Football Player Files Class Suit Against NCAA, University, Conference
LUFKIN, Texas - A former University of Tulsa football player filed suit in Texas federal court on June 8, seeking to certify a class of former players at the school who sustained injuries, claiming that the university, the National Collegiate Athletic Association (NCAA) and Conference USA failed to put in protocols to prevent, detect and treat concussions in student athletes (Donald Gobert v. The University of Tulsa, et al., No. 9:17-cv-00106, E.D. Texas).



Investor Sues Software Company's Directors Over Proposed Merger Deal
SAN FRANCISCO - A software company, its CEO and its board of directors filed documents in connection with a proposed merger deal that lacked adequate financial information necessary for shareholders to make an informed decision on the proposed deal, a shareholder argues in a May 24 securities class action complaint filed in California federal court (Bryan Ward v. Jive Software Inc., et al., No. 17-2993, N.D. Calif.).



Fraud, Unfair Competition, Junk Faxes, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging overcharging for medical records, failure to abide by rent stabilization laws, Fair Housing Act violations, the practice of sending unsolicited faxed advertisements and wage-and-hour violations.



Split 9th Circuit Panel Rejects Remand To Narrow Class Definition
SAN FRANCISCO - Plaintiffs may not seek to narrow a class to escape federal jurisdiction after a complaint has already been properly removed to federal court, a split Ninth Circuit U.S. Court of Appeals panel ruled May 18 (Broadway Grill, Inc. v. Visa Inc., et al., No. 17-15499, 9th Cir., 2017 U.S. App. LEXIS 8711).



Missouri Federal Judge Remands Class Suit Over Slack-Filled Welch's Fruit Snacks
ST. LOUIS - A class complaint accusing Welch Foods Inc. and the company that produces, markets and distributes Welch's Fruit Snacks of underfilling the boxes of snacks belongs in state court because the Class Action Fairness Act's (CAFA) amount in controversy is not met, a Missouri federal judge ruled May 22 (Kristen Grisham v. Welch Foods, Inc., et al., No. 17-3, E.D. Mo., 2017 U.S. Dist. LEXIS 77303).



Class' New York State Wage Claims Are Transferred To California Federal Court
NEW YORK - A New York federal judge on May 18 denied a motion to dismiss and granted a motion to transfer New York state overtime claims filed by pet store assistant managers to a California federal court where another case is pending alleging overtime claims under federal law (Deserie Michel, et al. v. Petco Animal Supplies Stores, Inc., et al., No. 16-1838, E.D. N.Y., 2017 U.S. Dist. LEXIS 75892).



Zillow Removes Class Suit Over Housing Value Estimates To Federal Court
CHICAGO - Zillow Inc. and Zillow Group Inc. (collectively, Zillow) on May 25 removed to federal court a class complaint accusing the real estate website of providing inaccurate home value estimates in violation of Illinois state laws (Vipul B. Patel, et al. v. Zillow, Inc., et al., No. 17-4008, N.D. Ill.).



California Lipitor Cases Remanded; Case Count Falls Under CAFA's 100 Threshold
SANTA ANA, Calif. - A California federal judge on May 23 granted remand in more than 100 Lipitor/diabetes cases because less than 100 plaintiffs have proposed that the court conduct a joint trial to trigger federal jurisdiction under the Class Action Fairness Act (CAFA), 119 Stat. 4 (In Re: Pfizer, No. 17-mc-00005, C.D. Calif., Southern Div., 2017 U.S. Dist. LEXIS 79714).



Ohio Appellate Panel Reverses Class Certification In Traffic Camera Suit
CLEVELAND - The lead named plaintiff in a class complaint accusing the city of Cleveland of using traffic cameras that violate the notice requirements of Cleveland Codified Ordinances (CCO) 413.031 is precluded from seeking judicial review and does not meet the requisite typicality requirement that would allow her to represent the class, an Eighth District Court of Appeals panel ruled May 18 (Allyson Eighmey v. City of Cleveland, et al., No. 104779, Ohio App., 8th Dist., 2017 Ohio App. LEXIS 1887).



Consumer Class Again Certified In Target Data Breach Class Action
MINNEAPOLIS - After previous settlement in a class over the 2013 Target Corp. data breaches was rejected by the Eighth Circuit U.S. Court of Appeals, a Minnesota federal judge on May 17 granted a renewed certification motion by a class of consumers whose personally identifiable information (PII) was compromised in the breaches, stating that the required "rigorous analysis" confirmed the adequacy of class representation and revealed no intra-class conflict that would render the settlement unfair (In re: Target Corporation Customer Data Security Breach Litigation, No. 14-2522, D. Minn., 2017 U.S. Dist. LEXIS 75455).



Iowa Federal Judge Certifies ERISA Class Action Targeting Principal Life Insurance
DAVENPORT, Iowa - An Iowa federal judge on May 12 certified a class action Employee Retirement Income Security Act lawsuit alleging that Principal Life Insurance Co. breached its fiduciary duty of loyalty to retirement plan participants by retaining compensation that it was not entitled to as a fiduciary (Frederick Rozo, et al. v. Principal Life Insurance Co., et al., No. 4:14-cv-463, S.D. Iowa).



Immigration Order Class Suit Is Stayed Pending Hawaii's Appeal
SEATTLE - A Washington federal judge on May 22 stayed a class suit filed by three minors objecting to President Donald J. Trump's immigration-related executive orders pending a ruling in Hawaii v. Trump, No. 17-15589 (9th Cir.) (Juweiya Abdiaziz Ali, et al. v. Donald Trump, et al., No. 17-135, W.D. Wash., 2017 U.S. Dist. LEXIS 77656).



$7.5 Million Wal-Mart Gay Workers' Benefits Settlement Granted Final Approval
BOSTON - A Massachusetts federal judge on May 16 granted final approval of a $7.5 million settlement to be paid by Wal-Mart Stores Inc. to end claims that the retailer unlawfully denied health benefits to the spouses of employees who are in same-sex marriages (Jacqueline A. Cote, et al. v. Wal-Mart Stores, Inc., No. 15-12945, D. Mass.).



Frozen Foods Company Will Pay $4.5 Million To Settle Class Wage Claims
FRESNO, Calif. - A California federal judge on May 19 granted final approval of a $4.5 million settlement to be paid by a food production company to end current and former employees' claims that they were denied pay for certain activities, including donning and doffing (Luis Aguilar, et al. v. Wawona Frozen Foods, et al., No. 15-93, E.D. Calif., 2017 U.S. Dist. LEXIS 76751).



Drillers' Wage-And-Hour Class Suit Is Settled For $3 Million
FRESNO, Calif. - A California federal judge on May 23 granted preliminary approval of a $3 million settlement to be paid by an industrial service company to end claims that it improperly classified directional drillers as independent contractors and failed to pay overtime wages and meal and rest period premiums (Marc McCulloch, et al. v. Baker Hughes Inteq Drilling Fluids, Inc., et al., No. 16-157, E.D. Calif., 2017 U.S. Dist. LEXIS 78367).



Coach Will Pay $1.75M To Settle Meal Break, Rest Period Claims
SAN FRANCISCO - A California federal judge on May 22 granted final approval of a $1.75 million settlement to be paid by Coach Inc. and Coach Services Inc. (collectively, Coach) to end multiple class wage-and-hour claims, including one brought under California's unfair competition law (UCL) (Mary Lou Ayala, et al. v. Coach, Inc., et al., No. 14-2031, N.D. Calif., 2017 U.S. Dist. LEXIS 77652).



$51.15M Condo-Hotel Sales Disclosure Settlement Is Preliminarily Approved
SAN DIEGO - A California federal judge on May 24 granted preliminary approval of a $51,150,000 settlement to be paid the developers of a condominium-hotel project in San Diego for allegedly failing to disclose the buyers' right to rescind their purchase contracts in violation of the Interstate Land Sales Full Disclosure Act (ILSA), California's Subdivided Lands Act (SLA) and California's unfair competition Law (UCL) (Dean Beaver, et al. v. Tarsadia Hotels, a California Corporation, et al., No. 11-1842, S.D. Calif., 2017 U.S. Dist. LEXIS 80648).



Objections To $6.55M Exotic Dancers' Wage Settlement Filed
DETROIT - Three objections have recently been filed by exotic dancers who oppose approval of a $6.55 million settlement to be paid by nightclub owners who have been accused of federal and state wage violations (Jane Doe 1-2, et al. v. Deja Vu Services, Inc., et al., No. 16-10877, E.D. Mich.).



For-Profit College To Pay $2.25M To Settle Securities Fraud Claims
LOS ANGELES - A for-profit secondary education company and certain of its current and former executive officers have agreed to pay $2.25 million to settle claims that the company concealed its failure to comply with federal student loan funds usage requirements in violation of federal securities laws, according to documents filed in California federal court on May 26 (Jimmy Elias Karam v. Corinthian Colleges Inc., et al., No. 10-6523, C.D. Calif.).



Settlement Made In Breach Of Duty Case Over Annuities Bought From Insolvent Insurer
PORTLAND, Ore. - Plaintiffs agreed in principle on April 28 to settle their putative class action lawsuit filed in an Oregon federal court alleging that brokers breached their duty of care in purchasing structured settlement annuities from an insolvent insurer (Marie Westrope and Reggie Kelly v. Ringler Associates Inc., et al., No. 14-cv-00604, D. Ore.).



Firms: Circuit Split 'Stark And Wide'; High Court Must Hear Flint Water Lawsuit
WASHINGTON, D.C. - The engineering firms asking the U.S. Supreme Court to hear their case against residents of Flint, Mich., regarding liability for the lead-contaminated water crisis in that city on May 22 filed their reply brief contending that the Sixth Circuit U.S. Court of Appeals' decision that a plaintiff may obtain remand under the Class Action Fairness Act (CAFA) without evidence of class members' citizenship results in a circuit split that is "stark and wide" (Lockwood Andrews & Newnam P.C. v. Jennifer Mason, No. 16-1092, U.S. Sup.).



Crypt Buyer Lacks Standing To Pursue FDUTPA Claims Against Cemetery's Owner
WEST PALM BEACH, Fla. - The Fourth District Florida Court of Appeal on May 24 ruled that a cemetery crypt owner lacks standing to bring claims under the Florida Deceptive and Unfair Trade Practices Act (FDUTPA) against the cemetery's current owner because the current owner is not liable for FDUTPA violations by its predecessor (DFG Group, LLLC, et al. v. Mark S. Stern, No. 4D16-2590, Fla. App., 4th Dist., 2017 Fla. App. LEXIS 7543).



Judge Refuses To Dismiss Insurers' Class Claims For Damages After Subrogation
LOS ANGELES - A California federal judge on May 24 denied a motion filed by the makers of a defective dehumidifier that caused fires to dismiss class action claims for violation of California's unfair competition law (UCL) and negligence and other claims and ordered them to show cause as to why they should not be sanctioned for misrepresenting the law as it pertains to insurer's rights to subrogate the rights of insureds (Homesite Insurance Company of the Midwest, et al. v. Gree USA Inc., et al., No. 2:16-cv-06769, C.D. Calif., 2017 U.S. Dist. LEXIS 79809).



Alabama Federal Judge Denies Motion To Enjoin New Jersey TCPA Copycat Case
MOBILE, Ala. - An Alabama federal judge on May 23 denied without prejudice a motion by a the lead plaintiff in a Telephone Consumer Protection Act (TCPA) class suit to enjoin a copycat class action filed in the New Jersey federal court because a motion to dismiss, stay or transfer is currently pending in New Jersey (Family Medicine Pharmacy, LLC v. Impax Laboratories, Inc., No. 17-0053, S.D. Ala., 2017 U.S. Dist. LEXIS 77797).



Injunctive Relief, Warranty Claims Dismissed In Supplements Labeling Suit
CHICAGO - An Illinois federal judge on May 19 denied motions to strike and granted in part and denied in part dismissal motions in a herbal supplement labeling suit, finding the plaintiffs may rely on testing conducted by the New York attorney general (NYAG) (In Re: Herbal Supplements Marketing and Sales Practices Litigation, No. 15-5070, N.D. Ill., 2017 U.S. Dist. LEXIS 76207).



Calif. Federal Judge Dismisses NFL Cheerleaders' Sherman, Cartwright Acts Claims
SAN FRANCISCO - A California federal judge on May 25 granted a motion to dismiss, 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 (Kelsey K., et al. v. NFL Enterprises, LLC, et al., No. 17-496, N.D. Calif., 2017 U.S. Dist. LEXIS 81503).



Bimbo Bakeries Delivery Drivers' Wage Class Suit Survives Dismissal Motion
NEWARK, N.J. - A New Jersey federal judge on May 17 denied a bakery's motion to dismiss a class complaint by its delivery drivers seeking unpaid overtime, damages and other relief (Christopher Oddo, et al. v. Bimbo Bakeries USA, Inc., No. 16-4267, D. N.J., 2017 U.S. Dist. LEXIS 75172).



Split W.Va. Supreme Court: Patient Has No Standing To Sue Over Medical Record Costs
GRANTSVILLE, W.Va. - A patient whose medical records were requested and paid for by the law firm he retained to represent him in a malpractice suit has no standing to pursue a class suit over the cost against the company that fulfilled the request because the law firm, not the patient, paid for the records, a split West Virginia Supreme Court of Appeals ruled May 24 (State of West Virginia, ex rel. HealthPort Technologies, LLC, et al. v. Honorable James C. Stucky, et al., No. 17-0038, W.Va. Sup., 2017 W.Va. LEXIS 406).



Yahoo Moves To Dismiss Data Breach Class Action For Lack Of Standing
SAN JOSE, Calif. - A consolidated class action over three announced data breach incidents fails for lack of standing because the plaintiffs have not alleged any resulting injury or damages, Yahoo Inc. says in a May 22 motion in California federal court seeking dismissal for lack of standing under Article III of the U.S. Constitution, U.S. Const. art. 3 (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).



9th Circuit: Claims Subject To American Pipe Tolling In Securities Class Action
LOS ANGELES - A federal district court erred in holding that claims in a securities class action lawsuit against a Chinese agricultural products manufacturer and certain of its officers and directors were time-barred because the statute of limitations was tolled pursuant to Supreme Court precedent in American Pipe & Construction Co. v. Utah and Crown, Cork & Seal Co. v. Parker, a Ninth Circuit U.S. Court of Appeals panel ruled May 24 in reversing and remanding (Michael H. Resh, et al. v. China Agritech Inc., et al., No. 15-55432, 9th Cir., 2017 U.S. App. LEXIS 9029).



Judge Substantially Denies Motion To Dismiss In IPO Stock Drop Suit
NEW YORK - A pension fund has properly pleaded a majority of its federal securities law claims alleging that a company, certain of its officers and directors and the underwriters of its initial public offering (IPO) concealed from investors that the company was expected to see a tax increase that would substantially affect revenue, a federal judge in New York ruled May 23 in granting in part and denying in part the defendants' motion to dismiss (Yi Xiang, et al. v. Inovalon Holdings Inc., et al., No. 16-4923, S.D. N.Y., 2017 U.S. Dist. LEXIS 78207).



Split 3rd Circuit Upholds Denial Of Arbitration Of Overtime Claims
PHILADELPHIA - Two wage claims brought by a proposed class of nursing assistants don't depend on disputed interpretations of provisions in their collective bargaining agreement (CBA), a split Third Circuit U.S. Court of Appeals panel ruled May 18, upholding a denial of arbitration (Tymeco Jones, et al. v. John Does 1-10, et al., No. 16-1101, 3rd Cir., 2017 U.S. App. LEXIS 8695).



Consumers Sue GM, Parts Maker Over Emissions Defeat Device
DETROIT - Consumers of diesel-model Silverado and Sierra trucks made by General Motors LLC from 2011 to 2016 filed a class action May 25 in Michigan federal court against the automaker and the manufacturer of a part that allegedly allows the vehicles to cheat emissions tests, claiming that the car maker misrepresented the vehicles' fuel economy and emission levels (Andrei Fenner, et al. v. General Motors, LLC, et al., No. 17-cv-11661, E.D. Mich.).



Mass Transit Operator Accused Of Data Collection Via Smartphone App
OAKLAND, Calif. - San Francisco Bay Area Rapid Transit District (BART) was hit with a putative class complaint in California federal court May 22, with one of its mass transit passengers claiming that the organization's smartphone application surreptitiously collects the International Mobile Equipment Identity (IMEI) numbers associated with users' phones, as well as their precise locations, in violation of state and federal law (Pamela Moreno v. San Francisco Bay Area Rapid Transit District, et al., No. 4:17-cv-02911, N.D. Calif.).



University Of Chicago Plans Participants File ERISA Suit Over 'Excessive' Fees
CHICAGO - Participants and beneficiaries of the University of Chicago's retirement plans on May 18 filed an Employee Retirement Income Security Act class action lawsuit against the university in Illinois federal court, saying that the university failed to adequately investigate, examine and understand the cost to plan participants for administrative services, causing the plans and participants to pay "grossly excessive and unreasonable fees" (Winifred J. Daugherty, et al. v. The University of Chicago, No. 1:17-cv-03736, N.D. Ill.).



False Labeling, FCRA, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging misrepresentation of ingredients, Fair Credit Reporting Act violations, wage-and-hour violations, breach of contract and injuries.



Iowa Supreme Court Upholds Class Certification In Suit Over Corn Mill Hazards
DES MOINES, Iowa - The Iowa Supreme Court on May 12 upheld a trial court's certification of two subclasses of homeowners suing a nearby corn processing company for allegedly emitting hazardous chemicals and damaging their use and enjoyment of their properties (Laurie Freeman, et al. v. Grain Processing Corporation, No. 15-1942, Iowa Sup., 2017 Iowa Sup. LEXIS 48).



Ark. High Court Partially Upholds Class Certification In Nursing Home Staffing Suit
LITTLE ROCK, Ark. - Residents and estates of residents of an Arkansas nursing and rehabilitation center between June 2010 and the present may proceed as a class bringing all but their negligence claim related to alleged understaffing at the center, a divided Arkansas Supreme Court ruled May 4 (Robinson Nursing and Rehabilitation Center, LLC, et al. v. Andrew Phillips, as personal representative of the Estate of Dorothy Phillips, et al., No. CV-16-584, Ark. Sup., 2017 Ark. 162).



Costco FCRA Disclosure Class Suit Is Sent Back To State Court
SEATTLE - A Washington federal judge on May 16 remanded a class suit accusing Costco Wholesale Corp. of violating the Fair Credit Reporting Act (FCRA) by failing to provide a full and correct disclosure when requesting authorization to conduct background checks of job applicants, finding that a lack of subject matter jurisdiction warranted sending it back to state court and not dismissing it (Julius Terrell v. Costco Wholesale Corp., No. 16-1415, W.D. Wash., 2017 U.S. Dist. LEXIS 74567).



Judge Keeps Oscar De La Renta Interns' Wage Suit In New York Federal Court
NEW YORK - A former fashion house intern suing for unpaid wages has failed to show that judicial interests weigh in favor of sending her class complaint back to federal court, a New York federal judge ruled May 12, leaving open the option for the plaintiff file a new application to remand in the future (Monica Ramirez, et al. v. Oscar de la Renta, LLC, No. 16-7855, S.D. N.Y., 2017 U.S. Dist. LEXIS 72781).



No Jurisdiction Under CAFA's 'Mass Action' Provision, Judge Rules In Remanding
RIVERSIDE, Calif. - A California federal judge on May 3 granted insurers' motion to remand a lawsuit arising from claims over defective water supply lines, finding that the 26 insurers, acting as subrogees of 145 insureds, are the only plaintiffs and therefore fail to satisfy the "mass action" provision under the Class Action Fairness Act (CAFA) to retain jurisdiction (Liberty Mutual Fire Insurance Co. v. EZ-Flo International Inc., No. 17-228, C.D. Calif., 2017 U.S. Dist. LEXIS 67761).



4th Circuit Vacates $11.7 Million FCRA Class Judgment Due To No Injury
RICHMOND, Va. - The named plaintiff in a Fair Credit Reporting Act (FCRA) class complaint must allege a concrete injury stemming from allegedly incomplete or incorrect information on a credit report to satisfy the threshold requirements of constitutional standing, a Fourth Circuit U.S. Court of Appeals panel ruled May 11, vacating an $11,747,510 judgment in an approximately 69,000-member class action after finding that the lead plaintiff failed to allege such an injury (Michael T. Dreher v. Experian Information Solutions, Inc., et al., No. 15-2119, 4th Cir., 2017 U.S. App. LEXIS 8358).



9th Circuit Reinstates Class Action Suit Seeking Refunds For Late Luggage
SAN FRANCISCO - An airline passenger's breach of contract claim against an airline for failing to deliver her luggage as promised is not preempted by the Airline Deregulation Act (ADA) because it was a claim for breach of a voluntarily assumed contractual undertaking, a Ninth Circuit U.S. Court of Appeals panel ruled May 3, reversing the trial court's dismissal of the suit (Hayley Hickcox-Huffman, et al. v. US Airways, Inc., et al., No. 11-16305, 9th Cir., 2017 U.S. App. LEXIS 7847).



Class Suit Accusing Hershey Of Under-Filling Candy Boxes Survives Dismissal Motion
JEFFERSON CITY, Mo. - A Missouri federal judge on May 16 denied The Hersey Co.'s motion to dismiss a proposed class complaint accusing it of deceiving customers by selling certain candies in slack-filled opaque cardboard boxes (Robert Bratton, et al. v. The Hershey Company, No. 16-432, W.D. Mo., 2017 U.S. Dist. LEXIS 74508).



Restaurant Managers' Wage Suit Survives Dismissal Motion, Is Transferred To Missouri
PEORIA, Ill. - An Illinois federal judge on May 12 ruled that a class complaint accusing a fast food restaurant of failing to pay managers overtime survives dismissal because its claims are sufficiently different from another wage suit filed first in Missouri federal court against the same defendant; however, the Illinois judge ruled that the governing principles favor a motion to transfer the case to Missouri (Corinna Clendenen, et al. v. Steak N Shake Operations, Inc., No. 17-1045, C.D. Ill., 2017 U.S. Dist. LEXIS 72588).



7th Circuit Orders Judgment Vacated Due To Mootness In Police Tattoo Dispute
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on May 10 instructed a trial court to vacate its judgment in favor of a police department in a class dispute over covering police officers' tattoos as moot after the matter was resolved in favor of the officers by an arbitrator (Daniel Medici, et al. v. City of Chicago, No. 15-3610, 7th Cir., 2017 U.S. App. LEXIS 8312).



Judge Dismisses Bad Faith Claim In Class Action Suit Against Automobile Insurer
SCRANTON, Pa. - A Pennsylvania federal judge on May 10 granted an automobile insurer's motion to dismiss bad faith and other claims in a class action brought by a woman claiming that she was wrongfully denied medical benefits coverage following an automobile accident, but allowed claims brought under the Pennsylvania Motor Vehicle Financial Responsibility Law (MVFRL) to proceed (Sayles v. Allstate Insurance Co., No. 16-1534, M.D. Pa., 2017 U.S. Dist. LEXIS 71760).



Smart TV Owners Defend Privacy, Wiretap Class Claims Against Vizio
SANTA ANA, Calif. - In a May 4 brief in California federal court, a putative class of Vizio Inc. smart TV owners oppose the manufacturer's motion to dismiss some claims and strike the proposed class, arguing that previously identified deficiencies in its federal and state wiretap claims have been cured (In Re: Vizio, Inc., Consumer Privacy Litigation, No. 8:16-ml-02693, C.D. Calif.).



Medical App Maker Seeks Dismissal Of Privacy Suit For Lack Of Standing
FORT LAUDERDALE, Fla. - A telehealth provider on May 2 moved to dismiss a putative privacy class action against it in Florida federal court, asserting that a user of its mobile application failed to plead an injury that established standing or to identify any contractual violations in the sharing of certain user medical information with a third-party vendor (Joan Richards v. MDLive Inc., No. 0:17-cv-60760, S.D. Fla.).



Golden State Warriors Fan Opposes Motions To Dismiss App Privacy Class Action
OAKLAND, Calif. - In a May 9 brief in California federal court, a fan of National Basketball Association team the Golden State Warriors defends her suit alleging interception of her private conversations via the team's smartphone application, opposing the defendants' dismissal motions and asserting that she sufficiently pleaded interception under the Electronic Communications Privacy App (ECPA) (LaTisha Satchell v. Sonic Notify Inc. d/b/a Signal360, et al., No.3:16-cv-04961, N.D. Calif.).



8th Circuit Affirms Dismissal Of Class Action Challenging Insurance Practices
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on May 11 affirmed a lower federal court's dismissal of a class action alleging that an insurer sold policies with benefits below the statutory minimum required by Minnesota law (Andrea L. Dammann, et al. v. Progressive Direct Insurance Co., No. 16-3591, 8th Cir., 2017 U.S. App. LEXIS 8340).



California Judge Again Tosses Class Action Over Disney Fund Investment Option
LOS ANGELES - A California federal judge on April 21 again dismissed a putative Employee Retirement Income Security Act class action lawsuit filed by participants in the Walt Disney Co. retirement plan over a plan investment option, saying that the plaintiffs' second amended complaint is time-barred by the three-year statute of limitations of 29 U.S.C. § 1132(2) (In re Disney ERISA Litigation, No. 2:16-cv-02251, C.D. Calif., 2017 U.S. Dist. LEXIS 61202).



2 ERISA Class Actions Filed Against Universities Survive Dismissal Motions
Two putative class action lawsuits accusing universities of mismanaging their employee retirement plans by charging excessive fees, using multiple record keepers to operate their plans and handle administrative services and offering too many high-cost and poorly performing investment options survived motions to dismiss in May (David Clark, et al. v. Duke University, et al., No. 1:16-cv-01044, M.D. N.C.; Geneva Henderson, et al. v. Emory University, et al., No. 1:16-cv-2920, N.D. Ga.).



Panel: Judge Did Not Engage In Prohibited Fact Finding In Securities Suit
SAN FRANCISCO - A federal judge did not err in dismissing a lead plaintiff's second amended complaint in a securities class action lawsuit against LifeLock Inc. and certain of its executive officers because the lead plaintiff failed to plead any material misrepresentations or omissions in pleading their federal securities law claims, a Ninth Circuit U.S. Court of Appeals panel ruled May 11 in affirming (In re LifeLock Inc. Securities Litigation, No. 15-16885, 9th Cir., 2017 U.S. Dist. LEXIS 8386).



7th Circuit: Lead Plaintiff In TCPA Suit Consented To Receiving Text Messages
CHICAGO - A Seventh Circuit U.S. Court of Appeals panel on May 4 upheld a summary judgment ruling for a retailer accused of sending unsolicited text messages by a class of recipients; however, unlike the trial court, which ruled that the Telephone Consumer Protection Act (TCPA) was not violated because an autodialer was not used, the Seventh Circuit determined that there was no violation because the lead named plaintiff had consented to receiving the messages (Nicole Blow, et al. v. Bijora, Inc., doing business as Akira, Nos. 16-1484, 16-1608, 7th Cir., 2017 U.S. App. LEXIS 7926).



Summary Judgment Denied In Medical Record Charges Class Suit
ROCHESTER, N.Y. - A New York federal judge on May 15 denied a motion for partial summary judgment and response in opposition to a class certification motion filed by one of four defendants in a proposed class complaint alleging overcharging of patients 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 73666).



Judge Certifies Class Seeking Reprocessing Of Depression Treatment Denials
BRIDGEPORT, Conn. - A federal judge on May 4 certified a class action brought by individuals seeking magnetic stimulation therapy as a treatment for depression, saying that the proposed class is satisfactory and that an injunction requiring the insurer to reprocess the claims would constitute monetary relief (Christopher Meidl v. Aetna Inc., et al., No. 15-1319, D. Conn., 2017 U.S. Dist. LEXIS 70223).



Class Of Prisoners With Hepatitis C Certified, Ordered To Participate In ADR
NASHVILLE, Tenn. - A Tennessee federal judge on May 4 certified a class of inmates in the custody of Tennessee Department of Corrections (DOC) who are infected with the hepatitis C virus and claim that they have been denied treatment (Charles Graham a/k/a Charles Stevenson, et al. v. Tony C. Parker, et al., No. 16-1954, M.D. Tenn., 2017 U.S. Dist. LEXIS 68265).



Judge Rules On Experts Before Certifying 3 Classes In Telemarketing Practices Suit
OAKLAND, Calif. - A California federal judge on May 5 struck one expert report for lack of any actual analysis, declined to strike another expert report and a paralegal's declaration and certified three classes of consumers in a class action alleging that a burglar alarm company illegally used telemarketing calls to drum up business (Abante Rooter and Plumbing, Inc., et al. v. Alarm.com, Inc., et al., No. 4:15-cv-6314, N.D. Calif., 2017 U.S. Dist. LEXIS 69307).