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

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Headline Class Actions Legal News from LexisNexis®



 



NLRB Submits Correction To Supreme Court Following Class Action Waiver Arguments
WASHINGTON, D.C. - On Oct. 3, one day after the U.S. Supreme Court heard consolidated oral arguments for three cases addressing collective and class action arbitration waivers, general counsel for the National Labor Relations Board submitted a letter to the Supreme Court clerk correcting a portion of his oral arguments (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. Supreme Court Won't Resolve Circuit Split In RICO Class Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 declined to resolve a circuit split regarding whether a Racketeer Influenced and Corrupt Organizations (RICO) Act fraud plaintiff must prove reliance to establish causation and whether, to certify a RICO fraud class action, the plaintiff must show that reliance is a common issue (S.G.E. Management, L.L.C., et al. v. Juan R. Torres, et al., No. 16-1309, U.S. Sup.).



U.S. Supreme Court Won't Decide If American Pipe Tolling Stops
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 declined to answer whether tolling established under American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), terminates after class certification is denied even when renewed motions for class certification follow (ITT Corporation, et al. v. Rickey Allen Lee, et al., No. 16-1128, U.S. Sup.).



Appeal Of Suit Over Inaccessible Coke Machines Is Denied By High Court
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for a writ of certiorari filed by a disabled man who filed a class complaint against Coca-Cola refreshments USA Inc. for violating the Americans with Disabilities Act (ADA) by not making its soft drink vending machines handicapped accessible (Emmett Magee v. Coca-Cola Refreshments USA, Inc., No. 16-668, U.S. Sup.).



U.S. High Court Denies Certiorari In Airbnb Racial Bias Class Suit
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by an Airbnb Inc. customer who claims that the residential rental service allows hosts to discriminate based on race (Gregory Selden v. Airbnb Inc., No. 17-79, U.S. Sup.).



Supreme Court Won't Hear Chrysler Executives' Age Discrimination Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on Oct. 2 denied a petition for writ of certiorari filed by former Chrysler Corp. executives who lost benefits under the company's retirement plan asking the high court to determine whether a state law age discrimination claim relating to employee benefits that is untimely under the Age Discrimination in Employment Act (ADEA) is preempted by the Employee Retirement Income Security Act (ERISA) (John Loffredo, et al. v. Daimler AG, et al., No. 16-1334, U.S. Sup.).



Certification Revoked For Disabled Class That Wants To Move Out Of Nursing Homes
WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 13 rescinded certification of a class of people who allege that they have been denied effective transition services by the District of Columbia, resulting in them being stuck in nursing facilities in violation of the integration mandate of Title II of the Americans with Disabilities Act (ADA) and Section 504 of the Rehabilitation Act, finding that the plaintiffs failed to show the existence of "a concrete, systemic failure that entitles them to class-wide relief" (Ivy Brown, et al. v. District of Columbia, No. 10-2250, D. D.C., 2017 U.S. Dist. LEXIS 147939).



9th Circuit Reverses Class Decertification In Aphrodisiac Supplement Suit
PASADENA, Calif. - A Ninth Circuit U.S. Court of Appeals panel on Sept. 15 reversed a trial court's decertification of a class of consumers suing a supplement maker for allegedly including false claims on the labels of its aphrodisiac supplements, ruling that the trial court abused its discretion when it based its decision on the lead plaintiff's inability to provide restitution damages through the full refund model (Troy Lambert, et al. v. Nutraceutical Corp., No. 15-56423, 9th Cir., 2017 U.S. App. LEXIS 17923).



Fla. Federal Judge Won't Allow Class Certification Motion To Be Sealed In TCPA Suit
TAMPA, Fla. - A Florida federal judge on Sept. 14 denied an unopposed motion by the plaintiff in a Telephone Consumer Protection Act (TCPA) lawsuit to file the motion for class certification under seal, ruling that claims that information in the motion was declared confidential by the defendant is insufficient to overcome the public's right of access (Melanie Glasser, et al. v. Hilton Grand Vacations Company, LLC, No. 16-952, M.D. Fla., 2017 U.S. Dist. LEXIS 149332).



Class Certification Granted In Arrestees' Due Process Suit Over Destroyed Property
CHICAGO - A plaintiff must show that a proposed class satisfies the requirements of Federal Rule of Civil Procedure 23, but does not need to do so "to a degree of absolute certainty," an Illinois federal judge ruled Sept. 28, quoting from Messner v. Northshore Univ. HealthSystem, 669 F.3d 802, 811 (7th Cir. 2012), in his opinion granting class certification to individuals who were arrested by the Chicago Police Department (CPD) and are now suing, alleging that their due process rights were violated when their personal property was seized and sold or destroyed (Blake Conyers, et al. v. City of Chicago, No. 12-6144, N.D. Ill., 2017 U.S. Dist. LEXIS 159666).



Rental Property Owner Denied Class Certification In Suit Over Inspections
TAMPA, Fla. - A rental property owner seeking class certification in a suit over the constitutionality of a Florida city's rental housing program failed to prove the ascertainability and numerosity of its proposed class, a Florida federal judge ruled Sept. 19 (Lea Family Partnership Ltd., et al. v. City of Temple Terrace, Florida, et al., No. 16-3463, M.D. Fla., 2017 U.S. Dist. LEXIS 151405).



Home Health Workers' WARN Act Class Certified By Florida Federal Judge
TAMPA, Fla. - A Florida federal judge on Sept. 18 certified a class of home health workers who sued their former employer under the Worker Adjustment and Retraining Notification (WARN) Act claiming that they were fired without notice and denied pay (Toni Molina, et al. v. Ace Homecare LLC, et al., No. 16-2214, M.D. Fla., 2017 U.S. Dist. LEXIS 151039).



Conditional Certification Granted In Chicken Catchers' Wage Suit
CHICAGO - An Illinois federal judge on Sept. 18 granted conditional certification in a wage-and-hour lawsuit filed by individuals paid to catch chickens who allege that their piece-rate pay violates the Fair Labor Standards Act (FLSA) (Jimmy R. Nicks, et al. v. Koch Meat Co., Inc., et al., No. 16-6446, N.D. Ill., 2017 U.S. Dist. LEXIS 150763).



Class Of Arizona Foster Children Certified In Suit Alleging Harm, Risk Of Harm
PHOENIX - An Arizona federal judge on Sept. 30 certified a class of Arizona foster children who claim that the state's foster care system is riddled with issues that expose them to harm or the risk of harm in violation of their federal rights (Margaret Tinsley, et al. v. Charles Flanagan, et al., No. 15-185, D. Ariz.).



Kentucky Appellate Panel Vacates Class Certification In Contract Breach Suit
STANTON, Ky. - A Kentucky Court of Appeals panel on Sept. 15 vacated certification of a class of customers suing United Propane Gas Inc. for breach of contract and other violations, finding the trial court's certification was deficient under Kentucky Rules of Civil Procedure 23.01, 23.02 and 23.03 (United Propane Gas, Inc. v. Faye Purcell, et al., No. 2016-CA-001037-MR, Ky. App., 2017 Ky. App. LEXIS 523).



6th Circuit Panel Denies Defendants' Petition For Review In Securities Suit
CINCINNATI - Defendants in a securities class action lawsuit against a financial holding company and certain of its executive officers have not shown a likelihood of success on the merits, a Sixth Circuit U.S. Court of Appeals panel ruled Sept. 18 in denying the defendants' petition for review of a federal district court's class certification order (In re BancorpSouth Inc., et al., No. 17-0508, 6th Cir., 2017 U.S. App. LEXIS 18044).



11th Circuit: Overdraft Fees Class Claims Must Be Arbitrated Individually
ATLANTA - An 11th Circuit U.S. Court of Appeals panel on Sept. 26 reversed a trial court's denial of a bank's motion to compel individual arbitration of a customer's class action lawsuit concerning overdraft fees, finding that the customer consented to the bank's arbitration provision and that the provision, minus one severable clause, is enforceable under the laws of Washington and Ohio (David Johnson, et al. v. KeyBank National Association, Nos. 15-10779 and 10-12957, 11th Cir., 2017 U.S. App. LEXIS 18563).



Final Approval Granted To $25 Million Home Depot Data Breach Suit Settlement
ATLANTA - A class action brought by a group of financial institutions (FIs) over a 2014 data breach experienced by Home Depot Inc. came to a close Sept. 22, when a Georgia federal judge granted final approval of a settlement that includes enhanced data security procedures by the home improvement chain and a $25 million settlement fund (In re: Home Depot Inc., Customer Data Security Breach Litigation, No. 1:14-md-02583, N.D. Ga.).



California Federal Magistrate Approves $5M Settlement For Class Of Exotic Dancers
SAN FRANCISCO - A California federal magistrate judge on Sept. 14 granted final approval of a $5 million settlement between exotic dancers and the company that managed the nightclubs where they worked, ending the dancers' wage claims (Jane Roe, et al. v. SFBSC Management, LLC, et al., No. 14-3616, N.D. Calif., 2017 U.S. Dist. LEXIS 149451).



Final Approval Sought For $175,000 Settlement Of School Records Theft Suit
ROME, Ga. - A group of former university students moved in Georgia federal court Sept. 22 for final approval of a settlement of negligence class claims against their alma matter based on the 2014 theft of records from the campus, which contained students' personally identifiable information (PII) (Erin Bishop, et al. v. Shorter University Inc., No. 4:15-cv-00033, N.D. Ga.).



No Preliminary Injunction For Retirees Looking To Enforce Health Care Settlements
RICHMOND, Va. - A class of retirees and their eligible family members suing a corporation in an effort to enforce the terms of a prior health care class settlement failed to show that a preliminary injunction is necessary, a Fourth Circuit U.S. Court of Appeals panel ruled Sept. 28, holding that while the trial court erred in determining that the motion was moot, it did not err in its alternate finding that the retirees failed to show a likelihood of success on the merits (Joseph Di Biase, et al. v. SPX Corporation, No. 15-2340, 4th Cir., 2017 U.S. App. LEXIS 18757).



$4.8 Million Settlement Of Janitors' Wage Collective Claims Preliminarily Approved
CHICAGO - An Illinois federal judge on Sept. 21 granted preliminary approval of a $4.8 million settlement to be paid by an employer to its janitors around the county for time they spent working before their scheduled shifts (Brice Ikby Binissia, et al. v. ABM Industries, Inc., et al., No. 13-1230, Veronica Brown, et al. v. ABM Industries, Inc., et al., No. 15-6729, N.D. Ill., 2017 U.S. Dist. LEXIS 153686).



Attorney Fees, Incentive Awards Slashed By Judge In Settled Wal-Mart Drivers' Suit
SAN FRANCISCO - A California federal judge on Sept. 14 awarded attorney fees and incentive awards following the $60.8 million settlement reached between Wal-Mart Stores Inc. and a class of drivers who brought wage claims against their employer, but in amounts below those requested by the plaintiffs (Charles Ridgeway, et al. v. Wal-Mart Stores Inc., No. 08-cv-05221, N.D. Calif., 2017 U.S. Dist. LEXIS 149440).



Claims That Canada Dry Doesn't Contain Ginger Survive Dismissal Motion
SAN JOSE, Calif. - A California federal magistrate judge denied a motion filed by the makers of Canada Dry Ginger Ale seeking to dismiss a consolidated class complaint alleging that the soda is falsely advertised as actually containing ginger (Jackie Fitzhenry-Russell, et al. v. Dr. Pepper Snapple Group, Inc., et al., No. 17-564, N.D. Calif., 2017 U.S. Dist. LEXIS 155654).



Judge Dismisses 2 Defendants, All But 1 Claim In Field Agents' Collective Suit
NEW YORK - A New York federal judge on Sept. 27 granted summary judgment to two of three defendants in a collective action complaint brought by cell phone service field agents who claim that they were denied full wages, granted summary judgment to the third defendant, Wallace Morgan Inc., on all claims except for the wage-notice claims brought under the New York Labor Law (NYLL) and ordered additional limited briefing on the remaining claims (Jamie Martin, et al. v. Sprint United Management Co., et al., No. 15-5237, S.D. N.Y., 2017 U.S. Dist. LEXIS 159479).



Class Suit Over Shutterfly's Facial Recognition Software Survives Motion To Dismiss
CHICAGO - An Illinois federal judge on Sept. 15 denied a motion to dismiss a class complaint accusing Shutterfly Inc. of violating Illinois' Biometic Information Privacy Act (BIPA) by using facial recognition software to scan faces in uploaded images and then storing that data (Alejandro Monroy, et al. v. Shutterfly, Inc., No. 16-10984, N.D. Ill., 2017 U.S. Dist. LEXIS 149604).



Judge Dismisses Claims That Parking Ticket Chalk Marks Violate Constitution
BAY CITY, Mich. - A Michigan federal judge on Sept. 15 dismissed a class lawsuit accusing a Michigan county and one of its employees of violating the Fourth Amendment to the U.S. Constitution by marking tires of parked cars prior to issuing parking tickets (Alison Patricia Taylor v. City of Saginaw, et al., No. 17-11067, E.D. Mich., 2017 U.S. Dist. LEXIS 149846).



Judge Refuses To Dismiss UCL, Warranty Claims Regarding Coconut Oil Labeling
SAN DIEGO - After finding that a consumer sufficiently pleaded that she relied on various representations regarding the health benefits of coconut oil, a California federal judge on Sept. 18 denied a motion filed by the maker of the product to dismiss the purchaser's claims for violation of California's unfair competition law (UCL) and other causes of action (Syndi Tracton v. Viva Labs Inc., No. 16-cv-2772, S.D. Calif., 2017 U.S. Dist. LEXIS 151178).



Uber Drivers Argue Injury, Standing Alleged In Data Breach Suit
SAN FRANCISCO - Two former drivers with Uber Technologies Inc. argue that their putative class claims over a 2014 breach of the rideshare firm's database are supported by claims of injuries they suffered due to their personal data being exposed, asking a California federal court in a Sept. 20 brief to deny Uber's dismissal motion (Sasha Antman v. Uber Technologies Inc., et al., No. 3:15-cv-01175, N.D. Calif.).



Unions Lack Standing To Sue OPM Over Data Breach, Judge Rules, Dismissing Suit
WASHINGTON, D.C. - A District of Columbia federal judge on Sept. 19 dismissed a consolidated class action against the U.S. Office of Personnel Management (OPM) related to a series of 2015 data breaches that compromised employees' personally identifiable information (PII), finding that the two plaintiff employee unions failed to allege the necessary injuries or sufficient facts to establish standing under the asserted statutes (In Re: U.S. Office of Personnel Management Data Security Breach Litigation, No. 1:15-mc-01394, D. D.C., 2017 U.S. Dist. LEXIS 151449).



Facebook Renews Bid To Dismiss Biometric Collection Class Action
SAN FRANCISCO - Facebook Inc. on Sept. 28 filed a renewed motion in California federal court to dismiss a putative class action alleging violation of Illinois' Biometric Information Privacy Act (BIPA) via a photo-tagging feature, arguing that the plaintiffs fail to allege concrete injury sufficient to establish jurisdiction under Article III of the U.S. Constitution (In re Facebook Biometric Information Privacy Litigation, No. 3:15-cv-03747, N.D. Calif.).



Claims Trimmed In Class Suit Over Handling Of Princeton University Retirement Plan
TRENTON, N.J. - A plaintiff's failure to respond to a motion to dismiss her class suit accusing the Princeton University trustees of mishandling the university's retirement plan did not entirely doom her suit as a New Jersey federal judge, on Sept. 19, ruled that the plaintiff partially stated claims for relief as to breach of the duty of prudence and granted leave to amend the other dismissed claims (Elysee Nicolas, et al. v. The Trustees of Princeton University, No. 17-3695, D. N.J., 2017 U.S. Dist. LEXIS 151775).



Noting Limited Resources, California Federal Judge Dismisses EFTA Class Suit
FRESNO, Calif. - A U.S. District Court for the Eastern District of California judge on Sept. 14 dismissed a class complaint accusing several gyms and their franchisor of violating the Electronic Funds Transfer Act (EFTA) following the transfer of memberships, but gave the plaintiffs one more opportunity to amend their complaint while warning them that the "Court's resources are limited" and that the amended pleadings "will be considered to be the best the parties can present" (Jogert Abrantes, et al. v. Fitness 19 LLC, et al., No. 16-903, E.D. Calif., 2017 U.S. Dist. LEXIS 149435).



Judge Partly Reconsiders Dismissal Of Theranos Consumer Class Action
PHOENIX - An Arizona federal judge overseeing a Theranos Inc. consumer class action on Sept. 29 reconsidered an earlier decision and reinstated the plaintiffs' battery and medical battery claims involving finger-stick blood draws, but otherwise affirmed his June 13 dismissal order (In Re: Arizona Theranos, Inc., Litigation, No. 16-2138, D. Ariz.).



Panel Finds Foreclosure Case Did Not Trigger Statute Of Limitations
ATLANTA - After determining that a property foreclosure never actually occurred, the 11th Circuit U.S. Court of Appeals on Sept. 26 affirmed a district court's decision dismissing a complaint filed by borrowers seeking injunctive relief against various lenders (Jorge E. Espinoza v. Countrywide Home Loans Servicing LP, et al., No. 14-13933, 11th Cir., 2017 U.S. App. LEXIS 18566).



Securities Claims Against Indian Film Company Were Forward-Looking, Judge Rules
NEW YORK - Lead plaintiffs have failed to show that an Indian film entertainment company and certain of its current and former executive officers and directors issued any material misrepresentations or omissions regarding its online film-streaming platform in violation of federal securities laws, a federal judge in New York ruled Sept. 22 in granting the defendants' motion to dismiss (In re Eros International Securities Litigation, No. 15-8956, S.D. N.Y., 2017 U.S. Dist. LEXIS 157978).



Judge Allows Majority Of Claims To Survive In Securities Class Action
NEW YORK - A federal judge in New York on Sept. 19 substantially rejected a motion to dismiss filed by defendants in a securities class action lawsuit, ruling that the lead plaintiff in the action has properly pleaded a majority of its federal securities law claims (In re VEON Ltd. Securities Litigation, No. 15-8672, S.D. N.Y., 2017 U.S. Dist. LEXIS 152240).



Judge Finds Preemption In Federal Employee's Lactation Coverage Case
NEW YORK - A woman's state law class action claiming that her insurer's plan documents deceptively advertise and negligently misrepresent the availability of in-network lactation assistance providers sufficiently invokes federal law to warrant preemption, a federal judge in New York held Sept. 22 (Jacqueline Wyka Mahajan, et al. v. Blue Cross Blue Shield Association, No. 16-6944, S.D. N.Y., 2017 U.S. Dist. LEXIS 155365).



Judge Denies BNY Mellon's Motion To Strike Class Rep In Trust Managing Suit
BOSTON - A Massachusetts federal judge on Sept. 25 denied a motion to strike the representative in a class suit against Bank of New York Mellon, National Association (BNY Mellon), over the bank's management of trusts, finding that the representative had adequate knowledge of the case and had not, as the bank alleged, ceded control of the case to an unfit attorney (Ashby Henderson, et al. v. The Bank of New York Mellon, National Association, No. 15-10599, D. Mass., 2017 U.S. Dist. LEXIS 156021).



Indiana Federal Judge Refuses To Strike Judgment Offer In FCPA Class Suit
FORT WAYNE, Ind. - An Indiana federal judge on Sept. 19 denied a motion by the lead plaintiff in a debt collection class lawsuit to strike an individual offer of judgment made by the defendant, finding that the offer does not violate Federal Rule of Civil Procedure 68 (Gloria Spice, et al. v. Blatt, Hasenmiller, Leibsker & Moore LLC, No. 16-366, N.D. Ind., 2017 U.S. Dist. LEXIS 151750).



Equifax Data Breach Suits Stayed Pending JPMDL Consolidation Motions
ATLANTA - A Georgia federal judge on Oct. 3 granted a motion by Equifax Inc. to stay a putative class action over the firm's recently announced data breach, pending a decision by the U.S. Judicial Panel on Multi-District Litigation (JPMDL) on the plaintiffs' motion to consolidate the suit with similar suits filed across the country (James McGonnigal, et al. v. Equifax Inc., No. 1:17-cv-03422, N.D. Ga.).



Rehearing En Banc Denied By 6th Circuit In Retiree's Health Care Suit
CINCINNATI - A divided Sixth Circuit U.S. Court of Appeals on Sept. 22 denied a petition for rehearing en banc filed by an employer that the appellate panel ruled was properly enjoined from changing health care benefits provided to workers who retired from a plant before its closing (International Union, United Automobile, Aerospace and Agricultural Implement Workers of America [UAW], et al. v. Kelsey-Hayes, Co., et al., No. 15-2285, 6th Cir., 2017 U.S. App. LEXIS 18365).



Unrebutted Expert Opinions Allowed In Fracking Dispute, Federal Judge Rules
DENVER - A federal judge in Colorado on Sept. 20 ruled that disputed expert opinions, with one exception, were admissible in a hydraulic fracturing land dispute because the parties failed to directly rebut each expert's opinion. The judge also said that in her instructions to the jury, she will omit references to damage awards for diminution of value or cost of restoration based on federal precedent (A-W Land Co. LLC, et al. v. Anadarko E&P Company, et al., No. 09-2293, D. Colo.; 2017 U.S. Dist. LEXIS 152980).



Judge: Right Of Publicity Act Class Suit Fails Due To Express Consent
CHICAGO - The user of a photo mobile application who consented to sending invitations to all of his contacts in exchange for free storage space cannot now sue the app creator for using his name when contacting his contacts, an Illinois federal judge ruled Sept. 20, finding that the class complaint fails due to the user's express consent (Danny Pratt v. Everalbum, Inc., No. 17-1600, N.D. Ill., 2017 U.S. Dist. LEXIS 152763).



Magistrate Judge Compels Discovery In Life Insurance Scheme Involving Reinsurers
BALTIMORE - In an alleged life insurance fraud scheme that shifted debt to reinsurers, a Maryland federal magistrate judge on Sept. 28 ordered a life insurer to submit life insurance policies affected by a cost of insurance (COI) and within the 2004-2015 time range (Richard Dickman, et al. v. Banner Life Insurance Co., No. 16-192, D. Md., 2017 U.S. Dist. LEXIS 161545



Putative Class Of 100,000 Files Flint Water Complaint In Michigan Federal Court
DETROIT - A putative class of residents and other individuals affected by the lead-contaminated water crisis in the city of Flint, Mich., on Sept. 29 filed a consolidated class action in Michigan federal court, contending that multiple state and local authorities caused a public health crisis by exposing the plaintiffs to contaminated water and exacerbated the crisis by concealing and misrepresenting its scope (In re Flint Water Cases [Luke Waid, et al. v. Richard D. Snyder, et al.], No. 16-10444, E.D. Mich.).



Cloud-Based Insurance Administrator Hit With Securities Class Actions
Between Sept. 11 and Sept. 21, three shareholders filed separate but related securities class action lawsuits against a developer and administrator of cloud-based individual and family insurance plans and certain of its executive officers and directors in various federal courts.



Judge Grants Investors' Motion To Amend In BlackBerry Securities Class Action
NEW YORK - Newly uncovered evidence that could show that mobile device manufacturer BlackBerry Ltd. and certain of its former executive officers concealed declining sales of its new Z10 smartphone and other 10 series mobile devices is enough to warrant amendment of a shareholder class action complaint so that shareholders may properly plead the elements of their federal securities law claims, a federal judge in New York ruled Sept. 13 in granting the shareholders leave to amend (Marvin Pearlstein v. BlackBerry Ltd., et al., No. 13-7060, S.D. N.Y.; 2017 U.S. Dist. LEXIS 148479).



Wage-And-Hour, Debt Collection, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging wage-and-hour violations, violations of the Fair Debt Collection Practices Act, exorbitant medical records fees and energy rates and civil rights violations.



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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