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LexisNexis® Mealey's™ Class Actions Legal News



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9th Circuit Declines To Adopt Feasibility Requirement For Class Certification
SAN FRANCISCO - The Ninth Circuit U.S. Court of Appeals in a Jan. 3 opinion joined the Sixth, Seventh and Eighth circuits in declining to adopt a requirement that prior to class certification class representatives must proffer an administratively feasible way to identify class members (Robert Briseno, et al. v. ConAgra Foods, Inc., No. 15-55727, 9th Cir.; 2017 U.S. App. LEXIS 38).



Illinois Federal Judge Certifies Excessive Deduction Class, Not Overtime One
CHICAGO - An Illinois federal judge on Dec. 30 certified an excessive deduction class but not an overtime class in a lawsuit brought by a tile store sales associate against his employer (Adriel Osorio, et al. v. The Tile Shop, LLC, No. 15-15, N.D. Ill.; 2016 U.S. Dist. LEXIS 180077).



Plaintiffs In NHL MDL Move For Class Certification In Federal Court
MINNEAPOLIS - Former professional hockey players involved in the National Hockey League (NHL) multidistrict litigation on Dec. 8 moved for the judge overseeing the MDL to certify the class of former players and the estates of deceased former players (In re: National Hockey League Players Concussion Injury Litigation, MDL No. 14-2551, D. Minn.).



10th Circuit: Traditional Meaning Of In Controversy Keeps Suit In Federal Court
DENVER - A proposed class complaint accusing a company of failing to be upfront on its website about its monthly fees belongs in federal, not state, court under the Class Action Fairness Act (CAFA) once the traditional meaning of the term "in controversy" is applied, a 10th Circuit U.S. Court of Appeals panel ruled Dec. 20, reversing a district court's decision (Elizabeth Hammond v. Stamps.com, Inc., No. 16-2243, 10th Cir.; 2016 U.S. App. LEXIS 22600).



9th Circuit Says It Lacks Jurisdiction To Review Remand Order In Class Action Suit
SEATTLE - Noting an issue of first impression, the Ninth Circuit U.S. Court of Appeals on Jan. 3 dismissed an insurer's petition for permission to appeal a lower court's remand order in a class action lawsuit founded on federal question jurisdiction but concluded that because the insurer's notice of removal was not untimely, the lower court erred in awarding $18,330 in attorney fees to the plaintiff (Chan Healthcare Group, PS v. Liberty Mutual Fire Insurance Co., et al., Nos. 16-35210, 16-80019, 9th Cir.; 2017 U.S. App. LEXIS 19).



9th Circuit Affirms Lack Of Federal Jurisdiction In Stock Redemption Suit
SAN FRANCISCO - The Securities Litigation Uniform Standards Act does not provide an independent basis for federal question jurisdiction under 28 U.S. Code Section 1331, a Ninth Circuit U.S. Court of Appeals panel ruled Dec. 21, affirming the dismissal of a class action breach of contract complaint for lack of subject matter jurisdiction (David Rainero v. Archon Corporation, No. 14-17106, 9th Cir.; 2016 U.S. App. LEXIS 22893).



Reconsideration Of Jurisdiction Granted In Suit Over Moving St. Louis Rams
ST. LOUIS - A Missouri federal judge on Dec. 15 granted a motion to reconsider what court a class suit over the St. Louis Rams moving to a new city belongs and ordered limited discovery on whether the local controversy exception to the Class Action Fairness Act (CAFA) applies (Ronald McAllister v. The St. Louis Rams, LLC, Nos. 16-172, 16-262, 16-297 and 16-189, E.D. Mo.; 2016 U.S. Dist. LEXIS).



Bass Pro Race Bias Suit Is Unaffected By High Court's Tyson Ruling
HOUSTON - The U.S. Supreme Court's decision in Tyson Foods, Inc. v. Bouaphakeo (136 S. Ct. 1036 [2016]) - a Fair Labor Standards Act case in which the high court, in its decision approving of the plaintiffs' reliance on representative evidence to satisfy the procedural requirements for class certification, expressly stated that it was not establishing any broad or categorical rules concerning the use of "representative evidence" in class cases - has no effect on a racial discrimination suit filed by the Equal Employment Opportunity Commission against Bass Pro Outdoor World LLC, a Texas federal judge ruled Dec. 28 (Equal Employment Opportunity Commission v. Bass Pro Outdoor World, LLC, et al., No. 11-3425, S.D. Texas; 2016 U.S. Dist. LEXIS 179403).



6th Circuit: Unaccepted Judgment Offers Don't Moot TCPA Claims
CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Dec. 15 reinstated a proposed class complaint accusing a residential mortgage company of violating the Telephone Consumer Protection Act (TCPA) by hiring a third party to send out unsolicited faxed advertisements, finding that unaccepted offers of individual judgment did not moot the claims (Bridging Communities Inc., et al. v. Top Flite Financial Incorporated, No. 15-1572, 6th Cir.; 2016 U.S. App. LEXIS 22297).



Judge Finds No Facts To Support False Advertising Claims Against Ralph Lauren
SAN DIEGO - A California federal judge on Dec. 20 granted a clothing retailer's motion to dismiss a consumer's claims for violation of California's unfair competition law (UCL) and claims for false advertising in relation to its pricing, finding that she failed to allege facts to support her class action claims (Courtney Dennis v. Ralph Lauren Corporation, No. 16cv1056, S.D. Calif.; 2016 U.S. Dist. LEXIS 176856).



Uber Wage Class Complaint Dismissed Due To Clear Arbitration Agreement
DETROIT - An arbitration provision agreed to by Uber Technologies Inc. drivers "clearly and unmistakably" provides that an arbitrator must decide the issue of arbitrability, a Michigan federal judge ruled Dec. 27, granting a motion to compel arbitration of a wage class complaint filed by two drivers (Arthur Zawada, et al. v. Uber Technologies, Inc., et al., No. 16-11334, E.D. Mich.; 2016 U.S. Dist. LEXIS 178582).



Premera Seeks Dismissal Of Fraud, Contract Claims In Data Breach Class Action
PORTLAND, Ore. - In a December 20 reply brief in Oregon federal court, Premera Blue Cross says that fraud-based and contract-based claims brought against it in a putative class action over a 2014 data breach incident merit dismissal because the plaintiffs have not met their burden of individually stating plausible claims under their respective contracts with the insurer (In Re: Premera Blue Cross Customer Data Security Breach Litigation, No. 3:15-md-02633, D. Ore.).



D.C. Circuit Panel Affirms Fiduciary Duty Claims Fall Short Under Dudenhoeffer
WASHINGTON, D.C. - The District of Columbia Circuit U.S. Court of Appeals on Dec. 30 affirmed a District of Columbia federal judge's ruling rejecting allegations that the fiduciary of an employee stock ownership plan (ESOP) breached its duty by failing to prevent participants from purchasing or holding "doomed" stock, finding that the claims fall far short under the U.S. Supreme Court's ruling in Fifth Third Bancorp v. Dudenhoeffer (Donna Marie Coburn, et al. v. Evercore Trust Company N.A., No. 16-7029, D.C. Cir.; 2016 U.S. App. LEXIS 23396).



California Federal Judge Grants Partial Dismissal Of Suit Over Hepatitis Drug
SAN FRANCISCO - A California federal judge on Dec. 22 once again granted in part a defendants' motion to dismiss a putative class action seeking injunctive relief from Blue Shield of California's denial of coverage for a drug to treat hepatitis C because Blue Shield has since amended its Harvoni policy and given notice to insureds that they can resubmit claims for treatment (Aram Homampour, et al. v. Blue Shield of California Life and Health Insurance Co., et al., No. 15-cv-05003, N.D. Calif.; 2016 U.S. Dist. LEXIS 177629).



Defendants In USC 403(b) Plan Class Action File Motion To Dismiss Or Compel Arbitration
LOS ANGELES - The defendants in a putative class action alleging that the University of Southern California's (USC) 403(b) retirement plans charged excessive fees moved Dec. 19 in California federal court for an order compelling individual, nonclass arbitration and dismissal or, in the alternative, staying all proceedings pending the resolution of arbitration (Allen L. Munro, et al. v. University of Southern California, et al., No. 2:16-cv-06191, C.D. Calif.).



Judge: Defendants In Securities Suit Didn't Act With Deliberate Recklessness
DETROIT - Lead plaintiffs in a securities class action lawsuit against a drug company and its CEO have failed to plead their federal securities law claims because they have not shown that any of the alleged misrepresentations made by the defendants were actionable or that the defendants acted with deliberate recklessness, a federal judge in Michigan ruled Dec. 27 in granting the defendants' motion to dismiss (Kevin L. Dougherty v. Esperion Therapeutics Inc., et al., No. 16-10089, E.D. Mich.; 2016 U.S. Dist. LEXIS 178581).



Stock Promotion Articles Not Actionable In Securities Class Action, Panel Rules
ATLANTA - A pharmaceutical company and certain of its officers and directors cannot be held liable for articles promoting the company's new nonalcoholic steatohepatitis drug because, even though the company paid stock promoters to write the articles, the defendants did not actually make any of the alleged misstatements, an 11th Circuit U.S. Court of Appeals panel ruled Dec. 15 (In re Galectin Therapeutics Inc. Securities Litigation, No. 16-10324, 11th Cir.; 2016 U.S. Dist. LEXIS 22317).



6th Circuit: New State Law Interpretation Doesn't Doom Certification, Settlement
CINCINNATI - A new interpretation of a Kentucky state law upon which a wage-and-hour class complaint was based doesn't defeat certification of a class and approval of the parties' settlement agreement, a Sixth Circuit U.S. Court of Appeals panel ruled Dec. 14 (William Whitlock, et al. v. FSL Management, LLC, et al., No. 16-5086, 6th Cir.; 2016 U.S. App. LEXIS 22218).



$25 Million Trump University Settlement Is Granted Preliminary Approval
SAN DIEGO - A California federal judge on Dec. 20 granted preliminary approval of a $25 million settlement to be paid by Trump University LLC, owned by President-elect Donald J. Trump, to settle claims that Trump University was a sham and defrauded its students out of millions of dollars (Sonny Low, et al. v. Trump University, LLC, et al., No. 10-940, Art Cohen, et al. v. Donald J. Trump, No. 13-2519, S.D. Calif.; 2016 U.S. Dist. LEXIS 176916).



Illinois State Judge Approves Settlement In Lawsuit Over Collection Of Fingerprints
CHICAGO - An Illinois state judge on Dec. 1 approved a $1.5 million settlement in a class action against L.A. Tan Enterprises Inc., a franchisor of L.A. Tan tanning salons, alleging that L.A. Tan, directly and through its franchisees, violated an Illinois privacy act by collecting customers' fingerprints for verification of membership when they checked in without complying with consent and notice requirements (Klaudia Sekura, et al. v. L.A. Tan Enterprises Inc., No. 15-CH-16694, Ill. Cir., Cook Co.).



Google Agrees To Curb Email Content Processing In Class Action Settlement
SAN JOSE, Calif. - The lead plaintiffs in a putative privacy class action against Google Inc. filed a motion in California federal court Dec. 13, seeking preliminary approval of an agreement settling their claims over Google's scanning of email content, stating that technical changes promised by the internet giant would bring its practices in compliance with relevant state and federal law (Daniel Matera, et al. v. Google Inc., No. 5:15-cv-04062, N.D. Calif.).



Class Member Objects To Cy Pres Settlement Of Google Cookie Lawsuit
WILMINGTON, Del. - A man who claims to be a putative class member in a privacy lawsuit over the cookie placement practices of Google Inc. filed an objection to a preliminarily approved settlement on Dec. 23 in Delaware federal court, arguing that the proposed award to only cy pres recipients, rather than to class members, is unfair and runs counter to controlling case law and federal class action guidelines (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 1:12-md-02358, D. Del.).



U.S. Bank Settles Wage Collective Action For $1.15 Million
AKRON, Ohio - An Ohio federal judge on Dec. 29 granted approval of a $1.15 million settlement to be paid by U.S. Bancorp and U.S. Bank National Association (collectively, U.S. Bank) to end a Fair Labor Standards Act collective action brought by co-managers (CMs) who alleged that they were improperly denied overtime wages (Kelly Waggoner, et al. v. U.S. Bancorp, et al., No. 14-1626, N.D. Ohio; 2016 U.S. Dist. LEXIS 179843).



California Appellate Panel: Objection To Raiders' $1.25M Cheerleader Settlement Fails
SAN FRANCISCO - A former Oakland Raiders cheerleader who was a plaintiff in another similar wage class complaint failed to show that a $1.25 million wage settlement reached between the Raiders and a class of cheerleaders was improperly granted final approval, a First District California Court of Appeal panel ruled Dec. 13 (Lacy T., et al. v. The Oakland Raiders, No. A144707, Calif. App., 1st Dist., Div. 5; 2016 Cal. App. Unpub. LEXIS 8923).



Debt Collector Ordered To Pay For Collection Violations Made On Its Behalf
CHICAGO - A debt collector must pay class damages for unlawful debt collection practices made by a third party on its behalf, an Illinois federal judge ruled Dec. 15 (Mary T. Janetos, et al. v. Fulton Friedman & Gullace, LLP, et al., No. 12-1473, N.D. Ill.; 2016 U.S. Dist. LEXIS 173718).



9th Circuit Denies Rehearing En Banc In Uber Drivers' FCRA Suits
SAN FRANCISCO - A Ninth Circuit U.S. Court of Appeals panel on Dec. 21 made a small amendment to its Sept. 7 opinion in which it held that a California federal judge erred when he assumed the authority to decide in two class complaints whether arbitration agreements between Uber Technologies Inc. and its drivers were enforceable and denied a petition for rehearing en banc (Abdul Kadir Mohamed, et al. v. Uber Technologies, Inc., et al., No. 15-16178, Ronald Gillette v. Uber Technologies, Inc., No. 15-16181, Abdul Kadir Mohamed, et al. v. Uber Technologies, Inc., et al., No. 15-16250, 9th Cir.; 2016 U.S. App. LEXIS 22898).



Federal Judge: State Court Should Decide If Presentation Is Privileged
CHARLESTON, S.C. - A federal judge in South Carolina on Dec. 28 denied a woman's motion to quash a subpoena seeking production of a Power Point presentation prepared by attorneys for potential class members of a construction defects lawsuit, finding that a state court judge presiding over a similar action should first decide if the presentation is protected by the work product doctrine (Jacqueline L. Craft, as Trustee of the Jacqueline L. Craft Trust, et al. v. South Carolina Plastering LLC, et al., No. 15-cv-5080-PMD, D. S.C.; 2016 U.S. Dist. LEXIS 178679).



Tech Company Seeks High Court Review Of Securities Fraud Ruling
WASHINGTON, D.C. - The U.S. Supreme Court should grant review of a Second Circuit U.S. Court of Appeals' ruling to settle a split among the circuits regarding whether a duty to disclose is created by Item 303 of Securities and Exchange Commission Regulation S-K that is actionable under Section 10(b) of the Securities Exchange Act of 1934, a company argues in a recent petition for writ of certiorari (Leidos Inc., v. Indiana Public Retirement System, et al., No. 16-581, U.S. Sup.).



High Court Asked To Clarify American Pipe Tolling Doctrine
WASHINGTON, D.C. - Parties in a securities class action lawsuit against The Bear Stearns Companies LLC and others asked the U.S. Supreme Court recently to determine whether American Pipe & Construction Co. v. Utah tolling applies to statutes of repose (SRM Global Master Fund Limited Partnership v. The Bear Stearns Companies LLC, et al., No. 16-372, U.S. Sup.).



California High Court Reverses Remand Of Class Action For Recalculation Of APRs
LOS ANGELES - The California Supreme Court on Dec. 15 partially reversed a judgment by a court of appeal to the extent it directed the trial court to hold further proceedings on a class's claims under the Rees-Levering Motor Vehicle Sales and Finance Act, but affirmed a decision that a dealership's practice of backdating contracts did not violate the Automobile Sales Finance Act (ASFA) (Raceway Ford Cases, Nos. E054517, E056595, Calif. App., 4th Dist., Div. 2; 2014 Cal. App. LEXIS 842).



Tesla Owner Claims Model X Vehicles Automatically Accelerate
SANTA ANA, Calif. - An owner of a 2016 Model X filed a class complaint on Dec. 30 against Tesla Motors Inc., accusing the company of making faulty vehicles after he and his son were injured when his vehicle allegedly accelerated on its own while he was pulling into his garage (Ji Chang Son, et al. v. Tesla Motors, Inc., No. 16-2282, C.D. Calif.).



Federal Lawsuits Filed In Wake Of Latest Yahoo Data Breach Announcement
SAN JOSE, Calif. - With the lodging of a Dec. 16 complaint against Yahoo! Inc. in California federal court, at least four putative class actions have been filed since the internet firm's Dec. 14 announcement of a recently discovered hacking incident that compromised the personally identifiable information (PII) associated with 1 billion user accounts (Hector M. De Avila Gonzalez v. Yahoo! Inc., No. 5:16-cv-07206, N.D. Calif.).



Wage-And-Hour, Deceptive Marketing, Other Complaints Hit Courts
Recent class action lawsuits filed in federal courts across the country include complaints alleging withheld bonuses and tips, defrauding of law students, injuries from skin care products and violations of the Fair Debt Collection Practices Act.



Wal-Mart Agrees To Pay $7.5 Million To Settle Gay Workers' Benefits Suit
BOSTON - Wal-Mart Stores Inc. has agreed to pay $7.5 million to settle class claims alleging that the retailer unlawfully denied health benefits to the spouses of employees who are in same-sex marriages, according to a motion for preliminary approval of class action settlement filed Dec. 2 in the U.S. District Court for the District of Massachusetts (Jacqueline A. Cote, et al. v. Wal-Mart Stores, Inc., No. 15-12945, D. Mass.).



Opt-Out Extension Request Denied In $6.75 Million TCPA Class Settlement
ST. LOUIS - A Missouri federal judge on Dec. 8 denied a class member's request to extend the opt-out deadline for a $6.75 million Telephone Consumer Protection Act (TCPA) settlement, finding that the class member established excusable neglect (John Prater, et al. v. Medicredit, Inc., et al., No. 14-159, E.D. Mo.; 2016 U.S. Dist. LEXIS 169615).



Shop-Vac Horsepower MDL Settlement Granted Final Approval
WILLIAMSPORT, Pa. - A Pennsylvania federal judge on Dec. 9 granted final approval of a settlement of a consolidated complaint accusing Shop-Vac Corp., Lowe's Home Centers Inc. and Lowe's HIW Inc. of misrepresenting certain features of wet/dry vacuums (In Re: Shop-Vac Marketing and Sales Practices Litigation, No. 12-2380, M.D. Pa.; 2016 U.S. Dist. LEXIS 170841).



Tender Of Settlement In Securities Suit Does Not Moot Claims, Judge Rules
HOUSTON - A tender of settlement by underwriter defendants in a securities class action lawsuit against an energy company and others does not make the suit moot because the lead plaintiff in the action refused to accept it and because the amount did not take the shareholder's legal fees and expenses into consideration, a federal judge in Texas ruled Dec. 9 (Joseph Pankowski v. BlueNRGY Group Ltd., f/k/a CBD Energy Ltd., et al., No. 15-1668, S.D. Texas; 2016 U.S. Dist. LEXIS 170495).



Lenovo Spyware Plaintiffs Seek Approval Of Settlement With Software Designer
SAN JOSE, Calif. - The plaintiffs in a class action against computer manufacturer Lenovo (United States) Inc. on Dec. 9 moved in California federal court for preliminary approval of a settlement with the co-defendant that designed the spyware at the heart of the lawsuit's computer fraud and invasion of privacy claims (In Re: Lenovo Adware Litigation, No. 5:15-cv-02624, N.D. Calif.).



U.S. Supreme Court Grants Writ, Vacates Judgment In Wage Dispute
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 12 granted a petition for writ of ceritoriari and vacated for further consideration, in light of Tyson Foods, Inc. v. Bouaphakeo (577 U.S. ___ [2016]), a decision by a divided Sixth Circuit U.S. Court of Appeals panel in which it upheld the collective certification of a class of cable technicians, the use of representative testimony and the use of an estimated-average approach but reversed as to the damages, finding that they were miscalculated (FTS USA LLC, et al. v. Edward Monroe, et al., No. 16-204, U.S. Sup.).



U.S. High Court Grants Certiorari To Review 3 'Church Plan' Lawsuits
WASHINGTON, D.C. - The U.S. Supreme Court on Dec. 2 granted petitions for writ of certiorari in three "church plan" Employee Retirement Income Security Act cases, consolidated them and allotted one hour for oral argument (Saint Peter's Healthcare System, et al. v. Laurence Kaplan, No. 16-86, Advocate Health Care Network, et al. v. Maria Stapleton, et al., No. 16-74, Dignity Health, et al. v. Starla Rollins, No. 16-258, U.S. Sup.).



Casino Workers' Wage Class Claims Are Sent Back To State Court
RENO, Nev. - Wage claims by a class of Nevada casino workers are not preempted by Section 301 of the Labor Management Relations Act (LMRA) and belong in state court, a Nevada federal judge ruled Dec. 6 (Eddy Martel, et al. v. MEI-GSR Holdings, LLC, et al., No. 16-440, D. Nev.; 2016 U.S. Dist. LEXIS 168461).



Local Controversy Exception Requires Wage Suit To Be Litigated In State Court
SAN DIEGO - A California federal judge on Dec. 6 granted a motion to remand a hair stylist's wage class complaint, finding that the local controversy exception to the Class Action Fairness Act (CAFA) applies (Milena Garcia, et al. v. Task Ventures, LLC dba Sports Clips, et al., No. 16-809, S.D. Calif.; 2016 U.S. Dist. LEXIS 168664).



Settlement Letter Informed Defects Defendants Of Removability, Judge Finds
LAS VEGAS - A homeowners association's July 29, 2016, settlement letter in which it stated that it would take $6.7 million to resolve its allegations over defective air conditioning cooling coils was the first time defendants in the case could ascertain that the damages sought exceeded the Class Action Fairness Act's (CAFA) $5 million jurisdictional threshold, a federal judge in Nevada ruled Dec. 7 in finding that the defendants' removal of the suit was timely (The Seasons Homeowners Association Inc. v. Richmond Homes of Nevada Inc., et al., No. 16-CV-1816 JCM, D. Nev.; 2016 U.S. Dist. LEXIS 170243).



Air Ambulance Overcharge Class Suit Found To Belong In Federal Court
OKLAHOMA CITY - An Oklahoma federal judge on Dec. 6 denied a motion to remand filed by the named plaintiffs in a proposed class complaint alleging overcharging for air ambulance services, finding that the amount in controversy, even though unidentified by the plaintiffs, clearly exceeds the Class Action Fairness Act (CAFA) limit (Heather and Judd Bartley, et al. v. Air Methods Corporation, et al., No. 16-843, W.D. Okla.; 2016 U.S. Dist. LEXIS 168321).



Florida Condo Owners Granted Class Certification In Suit Alleging Overcharges
FORT LAUDERDALE, Fla. - A Florida federal judge on Dec. 8 certified a class of Florida condo owners suing the owners and managers of a hotel located in the same complex for allegedly overcharging the unit owners for the cost of upkeep for the shared components such as lobby, parking garage and fitness center (Gary Dear, et al. v. Q Cub Hotel, LLC, No. 15-60474, S.D. Fla.; 2016 U.S. Dist. LEXIS 91200).



Decertification Motion Denied In Limo Drivers' Wage-And-Hour Class Suit
NEW HAVEN, Conn. - A Connecticut federal judge on Dec. 8 denied a motion for class decertification filed in a wage-and-hour complaint brought by a limo driver who claims that his employer's commission-based payment structure resulted in hours worked without any compensation and a denial of overtime wages when hours exceed 40 per week (Roger Lassen, Jr., et al. v. Hoyt Livery, Inc., et al., No. 13-1529, D. Conn.; 2016 U.S. Dist. LEXIS 169506).



Coca-Cola Ex-Employee Defends Certification Of Laptop Data Theft Classes
PHILADELPHIA - A former employee of The Coca-Cola Co. (Coke) argues in a Dec. 7 brief in Pennsylvania federal court that his bid for certification of a class of Coke employees whose personally identifying information (PII) is appropriate, contending that his proposed classes meet the requirements of Federal Rule of Civil Procedure 23 (Shane K. Enslin v. The Coca-Cola Co., et al., No. 2:14-cv-06476, E.D. Pa.).



Florida Federal Judge Denies Motion To Certify Subway Class Of 'Store Managers'
MIAMI - A Florida federal judge on Nov. 18 issued an order denying a motion for conditional certification of a collective action under the Fair Labor Standards Act (FLSA) to create an FLSA class of "store managers" working at Subway franchises owned and operated by the same person, saying that the putative plaintiffs were not similarly situated (Yirandi Aguiar, et al. v. Subway 39077 Inc., et al., No. 16-23399-Civ, S.D. Fla.).



Plaintiffs Argue That Class Treatment Is Superior In Spyware Suit
ERIE, Pa. - In a Dec. 2 reply brief supporting their motion for class certification, a Wyoming couple, who unknowingly purchased a laptop with spyware installed on it, tells a Pennsylvania federal court that their complaint against the laptop seller for violation of the Electronic Communications Privacy Act (ECPA) merits class treatment because of "the ability to answer predominating common questions in a uniform manner" in compliance with Federal Rule of Civil Procedure 23 (Crystal Byrd, et al. v. Aaron's Inc., et al., No. 1:11-cv-00101, W.D. Pa.).



Sprint Inside Sales Reps Conditionally Certified In Overtime Wage Dispute
KANSAS CITY, Kan. - A Kansas federal judge on Dec 6 granted a motion for conditional collective action certification filed by a former wireless inside sales representative who claims that Sprint Corp. and Sprint/United Management Co. had a companywide unwritten policy requiring its workers to enter only 40 hours per week into the timekeeping system, denying any overtime pay (Michael McGlon, et al. v. Sprint Corporation, et al., No. 16-2099, D. Kan.; 2016 U.S. Dist. LEXIS 168694).



Defendants' Venue Transfer Request Granted In Suit Over Loan Guarantees
HUNTINGTON, W.Va. - A West Virginia federal judge on Dec. 7 granted a motion filed by the defendants in a suit over the terms of loan guarantees to transfer a class complaint to a Virginia federal court that the defendants argue, in part, will hear the case more quickly (Jason Vanden Heuvel, et al. v. Navy Federal Credit Union, et al., No. 16-1839, S.D. W.Va.; 2016 U.S. Dist. LEXIS 168926).



1st Circuit Certifies Lease Deposit Question In Class Suit To Mass. High Court
BOSTON - A First Circuit U.S. Court of Appeals panel on Dec. 12 delayed deciding an appeal of an apartment security deposit class complaint until after the Massachusetts Supreme Court rules on a treble damages provision question concerning the state's Security Deposit Law (Scott Phillips, et al. v. Equity Residential Management, L.L.C., No. 16-1254, 1st Cir.; 2016 U.S. App. LEXIS 22033).



7th Circuit Upholds Ruling That Student Athletes Are Not Employees
CHICAGO - A federal judge was correct when he ruled that student athletes are not employees of the universities where they play, the Seventh Circuit U.S. Court of Appeals ruled Dec. 5 (Gillian Berger, et al. v. National Collegiate Athletic Association, et al., No. 16-1558, 7th Cir.; 2016 U.S. App. LEXIS 21642).



Final Judgment, Interlocutory Appeal Denied In Sherman Act Class Suit Against NCAA
INDIANAPOLIS - A former college football player may not appeal the dismissal of one out of two of his Sherman Act claims because they are intertwined, an Indiana federal judge ruled Dec. 6, denying a motion for final judgment or, in the alternative, certification of interlocutory appeal in the player's class complaint filed over the National Collegiate Athletic Association's (NCAA) scholarship caps and transfer rules (Devin Pugh, et al. v. The National Collegiate Athletic Association, No. 15-1747, S.D. Ind.; 2016 U.S. Dist. LEXIS 168174).



Split 3rd Circuit: Travel Time To And From Work Site Is Not Compensable
PHILADELPHIA - Time spent traveling to and from a worksite is not compensable under the Pennsylvania Minimum Wage Act (PMWA), a divided Third Circuit U.S. Court of Appeals panel ruled Nov. 30, upholding a trial court's dismissal of a worker's class complaint (Rafael Espinoza, et al. v. Atlas Railroad Construction, LLC, et al., No. 16-1413, 3rd Cir.; 2016 U.S. App. LEXIS 21403).



Judge Dismisses Suit Over Jeans 'Made In' Labeling, Allows Plaintiff To Amend
SAN DIEGO - A California federal judge on Dec. 6 granted a motion to dismiss a class complaint accusing a jeans manufacturer of falsely advertising its jeans as "Made in the U.S.A." when components come from other countries but gave the plaintiff more than a month to file an amended complaint containing additional information (Coni Hass, et al. v. Citizens of Humanity, LLC, et al., No. 14-1404, S.D. Calif.; 2016 U.S. Dist. LEXIS 168618).



Judge Dismisses Claim That Pulte Intentionally Violated Building Code
ORLANDO, Fla. - A federal judge in Florida on Dec. 12 dismissed with prejudice a claim asserted by a putative class of homeowners accusing Pulte Home Corp. of intentionally applying stucco in a manner that violated the Florida Building Code, ruling that the statute does not allow such a cause of action (Shaun Parker Gazzara, et al. v. Pulte Home Corporation, No. 16-CV-657-Orl-31TBS, M.D. Fla.; 2016 U.S. Dist. LEXIS 171271).



Golden State Warriors Fan Defends Standing To Sue Team Over Eavesdropping App
SAN FRANCISCO - In a Dec. 1 brief opposing motions to dismiss her putative class action in California federal court against National Basketball Association team the Golden State Warriors, a plaintiff argues that she has sufficiently alleged a concrete injury under the Electronic Communications Privacy Act (ECPA) in the interception of her private communications via the Warriors' smartphone app (LaTisha Satchell v. Sonic Notify Inc. d/b/a Signal360, et al., No.3:16-cv-04961, N.D. Calif.).



Oregon Federal Judge Rules Against Jack In the Box Workers On Wage-And-Hour Claims
PORTLAND, Ore. - An Oregon federal judge on Dec. 13 granted Jack in the Box Inc.'s motion to dismiss the Fair Labor Standards Act (FLSA) claims of plaintiffs in a putative class action against the fast food restaurant franchisor, finding that Jack in the Box was not the plaintiff's joint employer after it franchised several corporate-owned Jack in the Box restaurants (Jessica Gessele, et al. v. Jack in the Box Inc., No. 3:14-cv-1092, D. Ore.; 2016 U.S. Dist. LEXIS 172061).



Panel Affirms Dismissal Of Claims In Securities Suit Against Software Company
RICHMOND, Va. - Without providing any detail for its ruling in a per curiam opinion, a Fourth Circuit U.S. Court of Appeals panel on Nov. 30 affirmed a federal district court's dismissal of a securities class action lawsuit against a software company and certain of its executive officers (Justin Dice, et al. v. ChannelAdvisor Corp., et al., No. 16-1495, 4th Cir.; 2016 U.S. App. LEXIS 21415).



Court Properly Dismissed Most Securities Claims Against Drug Maker, Panel Rules
BOSTON - A First Circuit U.S. Court of Appeals panel on Nov. 28 substantially affirmed a federal district court's dismissal of claims in a securities class action lawsuit against a pharmaceutical company, certain of its current and former officers and directors and others, ruling that shareholders failed to plead a material misrepresentation or scienter in arguing that the defendants violated federal securities laws by misrepresenting clinical trial results for the company's cancer drug (In re ARIAD Pharmaceuticals Inc. Securities Litigation, No. 15-1491, 1st Cir.).



Retirement System Failed To Plead Material Misrepresentation, Judge Rules
SAN FRANCISCO - A retirement system failed to plead any material misrepresentations or omissions in pleading its federal securities law claims against a seller of hybrid data storage products and certain of its executive officers, but it may be able to cure its deficiencies with amendment of its complaint, a federal judge in California ruled Dec. 9 (In re Nimble Storage Inc. Securities Litigation, No. 15-5803, N.D. Calif.; 2016 U.S. Dist. LEXIS 170924).



Plaintiffs In Suit Over Mercedes-Benz's Emissions Lack Standing, Judge Says
NEWARK, N.J. - Plaintiffs in a class action suit alleging that Mercedes-Benz USA LLC misrepresented the efficiency of its BlueTec Clean Diesel vehicles lack standing to bring their action against the auto maker, a federal judge in New Jersey ruled Dec. 6, finding that the plaintiffs failed to show that the advertisements they allegedly relied on contained any false statements (In re: Mercedes-Benz Emissions Litigation, No. 16-881, D. N.J.; 2016 U.S. Dist. LEXIS 168535).



Northwestern Mutual Granted Summary Judgment In Worker Classification Dispute
CENTRAL ISLIP, N.Y. - A former insurance company financial representative failed in his attempt to show that he was actually an employee, not an independent contractor as his contract stated, a New York federal judge ruled Dec. 12, granting a motion for summary judgment filed by the insurance company in the wage-and-hour class dispute (Joseph Rose, et al. v. Northwestern Mutual Life Insurance Company, et al., No. 14-3569, E.D. N.Y.; 2016 U.S. Dist. LEXIS 171404).



Candy Worker's 2 Individual Wage Claims Reinstated, Class Claims Rejected
SAN DIEGO - A candy company former employee who filed a wage and hour class complaint against her former employer may proceed only with two of her individual claims, the Fourth District California Court of Appeal, Division I, ruled Dec. 9, upholding summary judgment for the employer on the other remaining causes of action, including the class claims (Pamela Silva v. See's Candy Shops, Inc., No. D068136, Calif. App., 4th Dist., Div. 1; 2016 Cal. App. Unpub. LEXIS 8895).



Judge Bars Expert Testimony, Grants Judgment On Fraud, Breach Of Warranty Claims
CLEVELAND - Having excluded an expert's testimony on a pest device based on an unreliable methodology, an Ohio federal judge on Nov. 29 granted summary judgment to the device's manufacturers on fraud and breach of warranty claims in a class action lawsuit (Jeanne Steigerwald, individually and on behalf of all others similarly situated v. BHH LLC, et al., No. 15-741, N.D. Ohio; 2016 U.S. Dist. LEXIS 164308).



3rd Circuit Panel Affirms Summary Judgment Ruling In Bad Faith Suit
PHILADELPHIA - A federal district court did not err in granting summary judgment in favor of an insurer in an insurance breach of contract and bad faith lawsuit because an insured failed to properly bring her claims, a Third Circuit U.S. Court of Appeals panel ruled Nov. 29 (Kerry Johnson, et al. v. GEICO Casualty Co., et al., No. 16-1132, 3rd Cir.; 2016 U.S. App. LEXIS 21298).



Plaintiffs Oppose Discovery Protective Order In Facebook Biometrics Suit
SAN FRANCISCO - In a Nov. 28 letter in California federal court, putative class plaintiffs alleging violations of Illinois' Biometric Information Privacy Act (BIPA) by Facebook Inc. argue that a protective order sought by the social network is inappropriate because the discovery items sought are relevant to their claims and to establishing Facebook's knowing violation of the statute (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).



Yahoo Data Breach Lawsuits Consolidated In California Federal Court
SAN JOSE, Calif. - Five putative class actions against Yahoo! Inc. related to a data breach the internet giant announced in September were consolidated in the U.S. District Court for the Northern District of California by the U.S. Judicial Panel on Multidistrict Litigation (JPMDL) in a Dec. 7 transfer order (In re: Yahoo! Inc. Customer Data Security Breach Litigation, No. 5:16-md-02752, N.D. Calif.).



Walt Disney Employees File Race Bias Class Suit
ORLANDO, Fla. - Walt Disney Parks and Resorts U.S. Inc. discriminated against approximately 250 employees when it terminated them and replaced them with workers from India, more than two dozen of the former employees allege in a class complaint filed Dec. 12 in the U.S. District Court for the Middle District of Florida (Leonardo Perrero, et al. v. Walt Disney Parks and Resorts U.S., Inc., No. 16-2144, M.D. Fla.).



Residents Seek Damages For Fracking Earthquakes In Oklahoma
STILLWATER, Okla. - A group of Oklahoma residents on Dec. 5 filed a putative class action lawsuit in state court against five energy companies contending that by disposing of fracking wastewater into the ground, the companies introduced contaminants into the natural environment that caused an adverse change to it in the form of unnatural seismic activity (David and Myra Reid, et al. v. White Star Petroleum LLC, et al., No. CJ-2016-543, Okla. Dist., Payne Co.).



Investor Sues Drug Company, Others Over Involvement In Price-Fixing Scheme
NEW YORK - A specialty pharmaceutical company and several of its current and former officers and directors concealed their involvement in an illegal generic drug price-fixing scheme in violation of federal securities laws, an investor argues in a Nov. 8 complaint filed in New York federal court (Charles R. Haile Jr. v. Allergan plc, et al., No. 16-8661, S.D. N.Y.).



Privacy Invasion, Due Process, Breach Of Contract, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging secretly recorded phone calls, due process violations, contract breaches, racial discrimination and destruction of property.



3rd Circuit: Opt-In Plaintiffs Lack Standing To Appeal Collective Action Ruling
PHILADELPHIA - Three hospital employees who opted in to the second round of wage litigation against their employer have no standing to appeal the trial court's denial of collective action certification after the lead named plaintiff settled his individual claims, a Third Circuit U.S. Court of Appeals panel ruled Nov. 18 (Steven Halle, et al. v. West Penn Allegheny Health System Inc., et al., No. 15-3089, 3rd Cir.; 2016 U.S. App. LEXIS 20655).



California Appellate Panel Reverses Decertification Of Security Officer Wage Class
LOS ANGELES - A California trial court erred when it granted an employer's motion to decertify a class of security officers suing for various wage violations, a Second District California Court of Appeal panel ruled Nov. 21, finding that the case was distinguishable from Wal-Mart Stores, Inc. v. Dukes (564 U.S. 338 [2011]) (Nivida Lubin, et al. v. The Wackenhut Corporation, No. B244383, Calif. App., 2nd Dist., Div. 4; 2016 Cal. App. LEXIS 1016).



Maryland Judge Certifies Defendant Class In Illegal Towing Suit
ROCKVILLE, Md. - A Maryland judge on Nov. 14 granted a plaintiff's motion to certify a class of defendants that own Maryland parking lots and are accused of violating state law by authorizing a towing company to patrol their parking lots and "trespass tow" vehicles at will, finding that the case "fits within the narrow confines of the juridical link doctrine, as approved by the Court of Appeals in Master Financial, Inc. v. Crowder [409 Md. 51, 972 A.2d 864 (2009)]" and that the case satisfied the standing requirements under Maryland common law and the class certification requisites of Maryland Rule 2-231 (Quan-En Yang, et al. v. G&C Gulf Inc., et al., No. 403885-V, Md. Cir., Montgomery Co.; 2016 Md. Cir. Ct. LEXIS 8).



Federal Judge Certifies Narrowed Prisoner Class Suing For Mental Health Care
MONTGOMERY, Ala. - An Alabama federal judge on Nov. 25 partially certified a class of Alabama prisoners who allege that their constitutional claims have been violated due to inadequate mental health treatment and involuntary medication without due process in Alabama prison facilities (Edward Braggs, et al. v. Jefferson S. Dunn, et al., No. 14-601, M.D. Ala.; 2016 U.S. Dist. LEXIS 163822).



11th Circuit: Federal Jurisdiction Remains Under CAFA Even Without Class
ATLANTA - A federal trial court erred when it ruled that the Class Action Fairness Act (CAFA) does not vest a federal court with original jurisdiction over state law claims after the class claims are dismissed, an 11th Circuit U.S. Court of Appeals panel ruled Nov. 22 (Wright Transportation, Inc. v. Pilot Corporation, et al., No. 15-15184, 11th Cir.; 2016 U.S. App. LEXIS 20937).



Suit Over 'Natural' Products To Be Remanded After Class Scope Is Clarified
SAN FRANCISCO - A California federal judge on Nov. 28 agreed to send a class complaint alleging false promotion of cleaning and personal care products as "natural" back to state court after the lead plaintiff amends his complaint to clarify that the scope of the class is limited to California residents (Carlo Labrado v. Method Products, PBC, No. 16-5905, N.D. Calif.; 2016 U.S. Dist. LEXIS 163718).



Split 6th Circuit: Local Controversy Exception Applies To Flint Water Class Suit
CINCINNATI - A state law professional negligence class action suit stemming from the Flint water crisis satisfies the Class Action Fairness Act's (CAFA) local controversy exception and belongs in state court, a divided Sixth Circuit U.S. Court of Appeals panel ruled Nov. 16 (Jennifer Mason, et al. v. Lockwood, Andrews & Newnam, P.C., et al., No. 16-2313, 6th Cir.; 2016 U.S. App. LEXIS 20554).



Illinois Federal Judge Sends Class Hacking Suit Back To State Court
EAST ST. LOUIS, Ill. - A class suit accusing an accounting firm of failing to safeguard individuals' personal information after an email account was hacked belongs in state court because the firm failed to provide evidence supporting its prediction that the unidentified amount in controversy exceeds the Class Action Fairness Act's (CAFA) threshold, an Illinois federal judge ruled Nov. 22 (Jennifer Bohnenstiehl, et al. v. McBride, Lock, and Associates, LLC, No. 16-306, S.D. Ill.; 2016 U.S. Dist. LEXIS 161900).



Judge Refuses To Remand Construction Defects Suit, Trims Claims
LAS VEGAS - A proposed class of Nevada homeowners who are suing the builder and developer of allegedly defective homes must pursue their claims in federal court and cannot seek damages for strict liability and breach of implied warranty under Nevada Revised Statute (NRS) Chapter 116.4114, a federal judge ruled Nov. 27 (Brittany Lopez, et al. v. U.S. Homes Corporation, et al., No. 16-cv-01754-GMN-CWH, D. Nev.; 2016 U.S. Dist. LEXIS 163571).



Judge Orders Volkswagen To Pay Class Members Despite Attorney Liens
SAN FRANCISCO - A California federal judge on Nov. 22 ordered Volkswagen Group of America Inc., Volkswagen AG, Audi of America LLC and Audi AG (collectively, Volkswagen) to pay class members in the clean diesel multidistrict litigation their settlement compensation directly, despite notification of liens placed by attorneys on their clients' recovery and invoked his authority under the All Writs Act to enjoin any state court proceedings regarding the attorneys' lien (In re: Volkswagen "Clean Diesel" Marketing, Sales Practices, and Products Liability Litigation, No. 15-2672, N.D. Calif.; 2016 U.S. Dist. LEXIS 162339).



New York Attorney General: Trump University Will Pay $25M To Settle Fraud Claims
NEW YORK - New York Attorney General Eric T. Schneiderman on Nov. 18 announced that a $25 million settlement had been reached ending claims that Trump University - which was owned by President-elect Donald Trump and marketed itself as a university to train, educate and mentor entrepreneurs involved in real estate investing - was actually a sham and defrauded its students out of millions of dollars.



Bank, Payment Processing Subsidiary Settle RICO Class Suit For $37.5M
PHILADELPHIA - A Pennsylvania federal magistrate judge on Nov. 21 granted final approval of a $37.5 million settlement to be paid by Zions National Bank and its former payment processing subsidiary to end a class complaint accusing the companies of knowingly processing payments for fraudulent telemarketers (Reynaldo Reyes, et al. v. Zions First National Bank, et al., No. 10-345, E.D. Pa.).



Wells Fargo To Settle TILA Class Suit For $880,000
OAKLAND, Calif. - A California federal judge on Nov. 18 granted preliminary approval of an $880,000 settlement to be paid by Wells Fargo Bank N.A. to end a class suit accusing it of violating the Truth in Lending Act (TILA) by failing to include all required information on its payoff statements for residential mortgages (Latasha McLaughlin, et al. v. Wells Fargo Bank N.A., d/b/a Wells Fargo Home Mortgage, No. 15-2904, N.D. Calif.; 2016 U.S. Dist. LEXIS 160422).



Pharmaceutical Companies Will Pay $200,000 To Settle Junk Fax Class Suit
MOBILE, Ala. - An Alabama judge on Nov. 4 granted preliminary approval of a $200,000 settlement to be paid by two companies accused of sending out thousands of unsolicited faxed advertisements (Family Medicine Pharmacy, LLC v. Trxade Group, Inc., et al., No. 15-590, S.D. Ala.; 2016 U.S. Dist. LEXIS 153272).



New York Federal Judge Recommends Settlement Of Flushable Wipes Suits
NEW YORK - A New York federal judge issued a memorandum on Nov. 18 recommending that the parties in six individual class action lawsuits addressing sewage issues caused by flushable wipes consider settlement (D. Joseph Kurtz, et al. v. Kimberly-Clark Corporation, et al., No. 14-1142, Anthony Belfiore, et al. v. The Procter & Gamble Company, No. 14-4090, Desmond R. Armstrong, et al. v. Costco Wholesale Corporation, et al., No. 15-2909, Gladys Honigman, et al. v. Kimberly-Clark Corporation, No. 15-2910, Steven and Ellen Palmer, et al. v. CVS Health, et al., No. 15-2928, Eugene and Victoria Richard, et al. v. Wal-Mart Stores, Inc., et al., No. 15-4579, E.D. N.Y.; 2016 U.S. Dist. LEXIS 160363).



Texas Federal Judge Withholds Ruling On Proposed $8.8 Million ERISA Class Action Settlement
FORT WORTH, Texas - A Texas federal judge on Nov. 18 withheld ruling on a plaintiffs' motion for conditional certification and preliminary approval of an $8.8 million Employee Retirement Income Security Act class action settlement, saying that he did not have enough information to conclude that the proposed settlement should be approved as being fair, reasonable and adequate to the members of the proposed class (Salvador Ortiz, et al. v. American Airlines Inc., et al., No. 4:16-cv-151, N.D. Texas; 2016 U.S. Dist. LEXIS 160588).



Illinois Federal Judge Trims Claims In Protein Supplement Labeling Suit
CHICAGO - An Illinois federal judge on Nov. 28 partially granted a motion to dismiss filed by a nutritional supplement manufacturer in a class complaint in which the company is accused of falsely labeling its whey protein supplements (Ryan Porter, et al. v. NBTY, Inc., et al., No. 15-11459, N.D. Ill.; 2016 U.S. Dist. LEXIS 163352).



Consumers Defend Standing To Sue GM, Toyota For Privacy Violations In 9th Circuit
SAN FRANCISCO - In their Nov. 9 appellant reply brief, the lead plaintiffs in a putative class action against Toyota Motor Corp. and General Motors LLC (GM) tell the Ninth Circuit U.S. Court of Appeals that they sufficiently alleged economic injury and privacy violations from technology the automakers use to track drivers and that makes vehicles susceptible to third-party hacking (Helene Cahen, et al. v. Toyota Motor Corp., et al., No. 16-15496, 9th Cir.).



Ashley Madison Members Oppose Dismissal Of Data Breach Class Action
ST. LOUIS - In a Nov. 18 brief filed in Missouri federal court, the lead plaintiffs in a lawsuit against the operator of the Ashley Madison website oppose dismissal of their putative class action over a 2015 data breach that exposed their personal information, contending that they never assented to an arbitration clause within the site's terms and conditions (T&C) (In re Ashley Madison Customer Data Security Breach Litigation, No. 4:15-cv-02669, E.D. Mo.).



California Federal Judge Dismisses Class Action Over Walt Disney Co. Plan's Fund Investment Option
LOS ANGELES - A California federal judge on Nov. 14 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 the plaintiffs have alleged no facts that plausibly show that the plan breached its duty to prudently monitor and review its inclusion of the Sequoia Fund as an investment option (In re Disney ERISA Litigation, No. 2:16-cv-02251, C.D. Calif.).



Investors' Securities Act Claims Time-Barred, Federal Judge Rules
NEW YORK - Dismissal of federal claims in a securities class action lawsuit against a commercial helicopter operator, certain of its current and former officers and directors and underwriters of the company's initial public offering (IPO) is proper because the shareholders' claims were time-barred and because the shareholders failed to state a claim for relief, a federal judge in New York ruled Nov. 7 (Errol Rudman, et al. v. CHC Group Ltd, et al., No. 15-3773, S.D. N.Y.).



Kimberly-Clark Wants Surgical Gown Class Stayed Pending 9th Circuit Petition
LOS ANGELES - Kimberly-Clark Corp. on Nov. 18 asked a California federal court to stay a certified class action involving the company's surgical gowns while it waits for a circuit court to rule on a petition for interlocutory appeal (Hrayr Shahinian, M.D., et al. v. Kimberly-Clark Corporation, et al., No. 14-83390, C.D. Calif.).



Viacom Seeks Judgment On Remanded Intrusion Claim Over Nickelodeon Websites
NEWARK, N.J. - In a Nov. 22 reply brief in New Jersey federal court, Viacom Inc. argues that it is entitled to summary judgment on the sole remaining intrusion upon seclusion claim in a remanded putative class action over purported collection of personally identifiable information (PII) from minors because the evidence clearly shows that it did not collect any "real-world identifying details" about users of its Nickelodeon websites (In Re: Nickelodeon Consumer Privacy Litigation, No. 2:12-cv-07829, D. N.J.).



Summary Judgment For Purina Is Granted In Alleged Toxic Pet Food Case
SAN FRANCISCO - A California federal judge on Nov. 17 granted a summary judgment motion filed by Nestle Purina Petcare Co. and ordered the file closed in a proposed class complaint accusing the pet food maker of using toxic substances in its Beneful brand dog food (Frank Lucido v. Nestle Purina Petcare Co., et al., No. 15-569, N.D. Calif.; 2016 U.S. Dist. LEXIS 159569).



Injured Pipeline Protestors Sue County, City Police Over Clash At Bridge
BISMARCK, N.D. - County and city police officers who "unleashed a violent, unjustified, and unprovoked physical attack" on Dakota Access Pipeline (DAP) protestors should be stopped from using excessively violent means of crowd control and should pay for injuries they inflicted on the protestors, a group of protestors, including several Native Americans, assert in a Nov. 28 class complaint and motion for a temporary restraining order (TRO) filed in North Dakota federal court (Vanessa Dundon, et al. v. Kyle Kirchmeier, et al., No. 16-406, D. N.D.).



Edward D. Jones Plan Participants File ERISA Class Action Complaint
ST. LOUIS - Participants in the Edward D. Jones & Co. retirement plan on Nov. 11 filed a putative class action complaint alleging that the company violated the Employee Retirement Income Security Act by including and maintaining a higher-fee share class of identical investment options in lieu of the lower-cost share class and including and maintaining an unreasonable number of high-risk investment options to the detriment of plan participants (Valeska Schultz, et al. v. Edward D. Jones & Co. LP, et al., No. 4:16-cv-01762, E.D. Mo.).



Class Complaint Alleges Phone Maker, Software Firm Shared Personal Information
MIAMI - In a putative class complaint filed Nov. 22 in Florida federal court, a smartphone owner alleges that his phone's manufacturer and a firmware provider violated privacy and warranty laws by intercepting and transmitting his personal information without authorization to a Chinese server (Aaron Bonds v. Blu Products Inc., et al., No. 1:16-cv-24892, S.D. Fla.).