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

LexisNexis® Mealey's™ Class Actions Legal News



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



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



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



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



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



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



Vita-Mix, Kelly Services $1.6M Wages Settlement Is Preliminarily Approved
LOS ANGELES - A California federal judge on July 14 granted preliminary approval of a $1.6 million settlement to be paid by Vita-Mix Corp. and Kelly Services Inc. to end a class complaint by workers alleging that they were misclassified and denied overtime wages and benefits (Rainoldo Gooding, et al. v. Vita-Mix Corporation, et al., No. 16-3898, C.D. Calif., 2017 U.S. Dist. LEXIS 109863).



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



Panel: Court Properly Dismissed Securities Claims Against Solar Company
NEW YORK - A federal district court did not err in dismissing a shareholder's second amended complaint in a securities class action lawsuit against a solar energy company and others because it was not required to disclose certain information in its offering documents for an initial public offering (IPO) based on circuit precedent, a Second Circuit U.S. Court of Appeals panel ruled June 21 (Robby S. Stadnick, et al. v. Vivint Solar Inc., et al., No. 16-65, 2nd Cir., 2017 U.S. App. LEXIS 11042).



7th Circuit: Plaintiffs Forfeited Challenges To Ruling Barring Expert Testimony
CHICAGO - A proposed class of consumers who claimed that windows made by Kolbe & Kolbe Millwork Co. were defective because they allowed for water intrusion that caused property damage forfeited their ability to challenge a ruling by a federal judge barring the testimony of two experts, a Seventh Circuit U.S. Court of Appeals panel ruled July 11, explaining that the plaintiffs should have raised their arguments in response to the manufacturer's motion under Daubert v. Merrell Dow Pharmaceuticals, Inc. (Mary Haley, et al. v. Kolbe & Kolbe Millwork Co., No. 16-3192, 7th Cir., 2017 U.S. App. LEXIS 12381).



2nd Circuit Panel Affirms Foot Locker Pension Plan Must Be Reformed
NEW YORK - A Second Circuit U.S. Court of Appeals panel on July 6 affirmed a New York federal judge's ruling in favor of a class of about 16,000 former and current employees of Foot Locker Inc. seeking additional pension benefits, holding that classwide relief in the form of reformation does not require a showing of individualized detrimental reliance (Geoffrey Osberg, et al. v. Foot Locker Inc., et al., No. 15-3602, 2nd Cir., 2017 U.S. App. LEXIS 12041).



Thrivent Financial Letter Invokes DOL Brief To Seek Summary Judgment
ST. PAUL, Minn. - In a three-page letter, Thrivent Financial for Lutherans on July 5 asked the U.S. District Court for the District of Minnesota to grant it summary judgment and a permanent injunction in its case against the U.S. Department of Labor (DOL) after the DOL in a July 3 brief in another case said it would no longer defend the part of its fiduciary rule that bans class action waivers (Thrivent Financial for Lutherans v. Acosta, et al., No. 0:16-cv-03289, D. Minn.).



9th Circuit Panel Remands ERISA Class Action Over Hourly Contributions
SEATTLE - A Ninth Circuit U.S. Court of Appeals panel on July 14 affirmed in part and reversed in part a Washington federal judge's judgment in favor of the plaintiffs in an Employee Retirement Income Security Act class action, saying that an issue regarding hourly contributions to a pension plan had not been fully litigated (Richard Lehman, et al., v. Warner Nelson, et al., Nos. 15-35414, 15-35457, 15-35696, 9th Cir., 2017 U.S. App. LEXIS 12619).



Judge Finds Standing In ACA Out-Of-Network Lactation Coverage Suit
WASHINGTON, D.C. - A trio of women successfully allege standing in their class action claiming that an insurer improperly charged them for out-of-network lactation services in violation of the Patient Protection and Affordable Care Act (ACA), a federal judge in the District of Columbia held July 17 (Lindsay Ferrer, et al. v. CareFirst Inc., et al., No. 16-2162, D. D.C., 2017 U.S. Dist. LEXIS 110304.)



Judge Refuses To Strike Class Claims Against Macy's, Dismisses UCL, FAL Claims
OAKLAND, Calif. - After finding that consumers failed to assert claims related to pricing against retailers for violation of California's unfair competition law (UCL) and for false advertising with the required specificity, a California judge dismissed the majority of their claims but granted them leave to file an amended pleading (Kristin Haley, et al. v. Macy's Inc., et al., No. 15-cv-06033, N.D. Calif., 2017 U.S. Dist. LEXIS 105469).



Medical Transportation Drivers Claim They Were Paid As Little As $3.61 Per Hour
WASHINGTON, D.C. - Three nonemergency medical transportation (NMET) drivers filed a class complaint on July 13 seeking unpaid wages and alleging that they were paid flat rates that resulted in pay as little as $3.61 per hour for their work (Isaac Harris, et al. v. Medical Transportation Management, Inc., No. 17-1371, D. D.C.).



ERISA Class Action Targets 'Excessive' Asset-Based Fees Charged To Plan
COLUMBUS, Ohio - An Employee Retirement Income Security Act putative class action was filed June 27 in Ohio federal court alleging that participants and beneficiaries of the Andrus Wagstaff PC 401(k) Profit Sharing Plan (AW plan) were charged excessive fees for record keeping and administrative services (Alana Schmitt, et al. v. Nationwide Life Insurance Co., et al., No. 2:17-cv-00558, S.D. Ohio, Eastern Div.).



Bakery Chain Hit With ADA Class Complaint Over Website Accessibility
NEW YORK - A visually impaired man on July 5 filed a putative class complaint against a chain of bakeries in New York federal court, alleging violation of the Americans With Disabilities Act (ADA) based on the purported inaccessibility of the chain's website for blind individuals (Steven Matzura v. Milk Bar Inc., No. 1:17-cv-05030, S.D. N.Y.).



Investor: Drug Maker Concealed Dry Eye Drug Manufacturing Issues
NEWARK, N.J. - A shareholder sued a pharmaceutical company and certain of its executive officers on July 12 in New Jersey federal court, alleging that the defendants concealed manufacturing issues with the drug company's inflammatory dry eye disease medication in violation of federal securities laws (Dylan Caraker v. Ocular Therapeutix Inc., et al., No. 17-5095, D. N.J.).



Unlawful Use Of Images, Wage-And-Hour, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging commercial exploitation of athletes' images, wage violations, discrimination against disabled individuals, criminalization of homelessness and improper debt collection.



Wage Suppression Class Suit Is Settled With No Recovery Due To Employer's Finances
FRESNO, Calif. - A class complaint accusing an employer of suppressing wages by hiring undocumented immigrants was settled June 29 with no recovery for the class due to the defendant's negative net worth due to a multimillion-dollar judgment already entered against him and his lack of future job prospects (Robin Brewer v. Scott Salyer, No. 06-1324, E.D. Calif., 2017 U.S. Dist. LEXIS 101374).



MetLife Settles Race Bias Class Claims For $32.5 Million
NEW YORK - A New York federal judge on June 27 granted final approval of a $32.5 million settlement to be paid by Metropolitan Life Insurance Co. to end claims by financial services representatives (FSRs) that it maintained a racially biased culture and maintained policies and practices that resulted in a segregated workforce and steered accounts and business opportunities away from black FSRs (Marcus Creighton, et al. v. Metropolitan Life Insurance Company, No. 15-8321, S.D. N.Y.).



Frito-Lay Wage Settlement Rejected For 3rd Time By California Federal Judge
FRESNO, Calif. - A California federal judge on June 27 rejected for the third time a proposed $600,000 settlement agreement reached by Frito-Lay Inc. and a class of plaintiffs bringing wage violations, finding that the plaintiffs' counsel's methodology for arriving at an assumed violation rate continues to be faulty (Eliazar Sanchez, et al. v. Frito-Lay, Inc., No. 14-797, E.D. Calif., 2017 U.S. Dist. LEXIS 99468).



Anthem Data Breach Class Seeks Preliminary Approval Of $115 Million Settlement
SAN JOSE, Calif. - After more than two years of litigation, including two partial dismissal rulings, the plaintiffs suing Anthem Inc. over a 2015 data breach filed a motion in California federal court June 23, seeking preliminary approval of a settlement with the insurer that would establish a $115 million settlement fund and maintain credit-monitoring services (In Re: Anthem Inc., Customer Data Security Breach Litigation, No. 5:15-md-02617, N.D. Calif.).



Split High Court: American Pipe Doesn't Extend Shareholders' Filing Limits
WASHINGTON, D.C. - A securities class action lawsuit filed by shareholders after opting out of a settlement class against the same defendants was untimely and properly dismissed, a split U.S. Supreme Court ruled June 26, finding that American Pipe & Construction Co. v. Utah, 414 U.S. 538 (1974), did not expand the three-year period allowed for in the Securities Exchange Act of 1934, which was found to be a statute of repose (California Public Employees' Retirement System v. Moody Investors Service Inc., et al., No. 16-373, U.S. Sup.).



U.S. Supreme Court To Hear SLUSA Jurisdictional Provisions Appeal
WASHINGTON, D.C. - The U.S. Supreme Court on June 27 agreed to hear an appeal of a California Superior Court ruling that shareholders in a securities class action are not preempted from bringing their claims under the Securities Act of 1933 by the Securities Litigation Uniform Standards Act (SLUSA) (Cyan Inc. v. Beaver County Employees Retirement Fund, et al., No. 15-1439, U.S. Sup.).



High Court Won't Hear Appeal In Deepwater Horizon Securities Suit
WASHINGTON, D.C. - The U.S. Supreme Court on June 27 denied an investor's petition for writ of certiorari that sought to overturn a federal district court's dismissal of a securities class action lawsuit as time-barred against Transocean Ltd. and certain of its former executive officers stemming from the Deepwater Horizon explosion and oil spill (DeKalb County Pension Fund v. Transocean Ltd., et al., No. 16-206, U.S. Sup.).



Supreme Court Declines Review Of American Pipe Tolling Clarification Suit
WASHINGTON, D.C. - The U.S. Supreme Court on June 27 decided not to grant review of a New York federal court's dismissal of a securities class action lawsuit to determine whether the district court erred in ruling that investors' claims were not timely in contradiction of the high court's ruling in American Pipe & Construction Co. v. Utah (Russell Dusek, et al. v. JPMorgan Chase & Co., et al., No. 16-389, U.S. Sup.; 2016 U.S. S. Ct. Briefs LEXIS 3491).



High Court Won't Hear Appeal In American Pipe Tolling Securities Class Action
WASHINGTON, D.C. - The U.S. Supreme Court on June 27 declined review of a securities class action lawsuit against The Bear Stearns Cos. LLC and others, which sought 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.).



Alabama Federal Judge Finds Prisoner Class Has Been Denied Mental Health Care
MONTGOMERY, Ala. - The mental health care provided to prisoners by the Alabama Department of Corrections (ADOC) is "horrendously inadequate" and violates the Eighth Amendment to the U.S. Constitution rights of a class of prisoners, an Alabama federal judge ruled June 27 (Edward Braggs, et al. v. Jefferson S. Dunn, et al., No. 14-601, M.D. Ala., 2017 U.S. Dist. LEXIS 98755).



Immigration Applicant Class Is Certified In Suit Over Vetting Process
SEATTLE - A Washington federal judge on June 21 dismissed one claim and certified an immigration applicant class suing President Donald Trump, the U.S. Citizenship and Immigration Services (USCIS) and other federal officials over the Controlled Application Review and Resolution Program (CARRP) (Abdiqafar Wagafe, et al. v. Donald Trump, et al., No. 17-94, W.D. Wash., 2017 U.S. Dist. LEXIS 95887).



Class Certification Of Sex Offenders Suing For Privacy Is Upheld By Appeals Court
TACOMA, Wash. - A Washington state appeals court on June 21 upheld the certification of a class of sex offenders suing to keep their evaluations private (John Doe P, et al. v. Thurston County, et al., No 48000-0-II, Wash. App., Div. II, 2017 Wash. App. LEXIS 1472).



Florida Federal Judge: No Potential Opt-Ins Means No Uber Driver Collective
MIAMI - A lead plaintiff's failure to show that there are any potential opt-in plaintiffs is fatal to his motion for certification of a misclassification collective action, a Florida federal judge ruled June 27 (Sebastian A. Rojas v. Uber Technologies, Inc., et al., No. 16-23670, S.D. Fla., 2017 U.S. Dist. LEXIS 98716).



Individual Issues Predominate, No Class Certification For Baked Goods Distributors
SAN FRANCISCO - A California federal magistrate judge on June 28 denied a motion for class certification filed by distributors of baked goods who claim that they were improperly classified as independent contractors, finding that individualized issues predominate (Mark Soares, et al. v. Flowers Foods, Inc., et al., No. 15-4918, N.D. Calif., 2017 U.S. Dist. LEXIS 100418).



2nd Circuit Panel Denies Appeal Of Ruling Certifying J.P. Morgan ERISA Class
NEW YORK - A Second Circuit U.S. Court of Appeals panel on June 27 denied a petition to appeal a New York federal judge's order certifying a class of J.P. Morgan Chase & Co. (JPMC) employees who invested in any of its stable value funds during 2009 and 2010, saying "an immediate appeal is unwarranted" (In re J.P. Morgan Stable Value Fund ERISA Litigation, No. 17-1091, 2nd Cir.).



Nationwide Class Sought For Purchasers Of INRatio Testing Device
SAN DIEGO - Seven plaintiffs on June 21 moved for certification of a national class of people who paid for the recalled INRatio blood-clot-testing devices made by Alere Inc. (Dina Andren, et al. v. Alere, Inc., et al., No. 16-1255, S.D. Calif.).



Colgate-Palmolive Whitening Claims Class Suit Stayed Pending FTC Investigation
NEW YORK - A New York federal judge on June 23 denied a motion to dismiss a class suit accusing Colgate-Palmolive Co. of false labeling claims on its whitening toothpaste but agreed to stay the case until an investigation by the Federal Trade Commission is concluded (Lori Canale, et al. v. Colgate-Palmolive Co., No. 16-3308, S.D. N.Y., 2017 U.S. Dist. LEXIS 97506).



Uber WARN Act Class Suit Stayed Again Pending Arbitration Ruling
SAN FRANCISCO - A class suit accusing Uber Technologies Inc. of stopping its operations in a Texas city without first properly notifying its drivers was stayed a second time on June 22 by a California federal judge who determined a Ninth Circuit U.S. Court of Appeals ruling on the enforceability of an arbitration agreement is needed first (Todd Johnston v. Uber Technologies, Inc., No. 16-3134, N.D. Calif., 2017 U.S. Dist. LEXIS 96734).



California Federal Judge Finds Wage Claims Exceed $12M, Denies Remand
RIVERSIDE, Calif. - A California federal judge on June 22 denied a motion to remand a wage-and-hour class complaint seeking, in part, unpaid compensation for missed meal and rest breaks, finding that the amount in controversy exceeds $12 million (Belen Torrez, et al. v. Freedom Mortgage, Corp., et al., No. 17-867, C.D. Calif., 2017 U.S. Dist. LEXIS 97704).



Federal Judge Reverses Denial Of Class Claims In Prisoner's Kosher Food Suit
FLINT, Mich. - A Michigan federal judge on June 29 ruled that a magistrate judge erred when she denied a prisoner's right to amend his complaint to assert his claims over the availability of kosher food as a class action (Michael Arnold v. Daniel H. Heyns, et al., No. 13-14137, E.D. Mich., 2017 U.S. Dist. LEXIS 100921).



Oregon Federal Magistrate Recommends Allowing Class Claims In Title IX Suit
PORTLAND, Ore. - An Oregon federal magistrate judge on June 29 recommended allowing a group of Lake Oswego School District female student athletes to amend their complaint alleging inequities between female and male players to add class claims on behalf of all present and future female students at Lake Oswego High School (LOHS) (Lauren Working, et al. v. Lake Oswego School District, No. 16-581, D. Ore.).



Class Claims That Nicaragua Seized Natives' Land Are Dismissed With Leave To Amend
SAN FRANCISCO - A California federal judge on June 26 dismissed class claims accusing the Republic of Nicaragua of seizing natives' territory without compensation, finding the lead plaintiff, a member of a native tribe, can't maintain a class action without a lawyer; her lawsuit involves a political question that is not justiciable in the district court; and she has failed to allege the particularized injury that is necessary to confer standing (Josephenie Robertson, et al. v. The Republic of Nicaragua, et al., No. 17-852, N.D. Calif., 2017 U.S. Dist. LEXIS 98599).



New York Federal Judge Dismisses ERISA Lawsuit Over Excessive Advice Fees
NEW YORK - A New York federal judge on June 21 dismissed an Employee Retirement Income Security Act putative class action that alleged that a record keeper's advice arrangement constituted a breach of fiduciary duty resulting in excessive fees, saying that the plaintiff failed to allege facts showing that the defendants were ERISA fiduciaries with respect to their fees (Lisa Patrico v. Voya Financial Inc., et al., No. 16-cv-7070, S.D. N.Y., 2017 U.S. Dist. LEXIS 95735).



Illinois Federal Judge Tosses Putative Class Action Over Hands-On Massage Time
EAST ST. LOUIS, Ill. - An Illinois federal judge on June 12 dismissed with prejudice an amended putative class action complaint alleging that a massage parlor franchisor committed unfair and deceptive business practices by offering one-hour massages that provided no more than 50 minutes of massage time, saying that the plaintiffs failed to state plausible claims under both Illinois and Missouri laws (Kathy Haywood, et al. v. Massage Envy Franchising, LLC, No. 3:16-cv-01087, S.D. Ill., 2017 U.S. Dist. LEXIS 90148).



9th Circuit: Japanese Nuclear Reactor Radiation Case May Proceed In U.S. Court
SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on June 22 ruled that a radiation exposure lawsuit brought by U.S. Navy sailors who assisted in relief efforts when the Fukushima Daiichi Nuclear Power Plant (FNPP) melted down in Japan could proceed in a U.S. court, despite the company's argument to the contrary (Lindsay R. Cooper, et al. v. Tokyo Electric Power Company, et al., No. 15-56424, 9th Cir.; 2017 U.S. App. LEXIS 11075).



Federal Judge Grants Injunction For Union Workers In Medical Coverage Dispute
HARTFORD, Conn. - A Connecticut federal judge on June 27 granted union employees' motion for a preliminary injunction and ordered Honeywell International Inc. to reinstate previously existing medical coverage benefits, saying that the threat of termination and the actual termination of medical coverage benefits constitute irreparable harm (David Kelly, et al. v. Honeywell International Inc., No. 3:16-cv-00543, D. Conn., 2017 U.S. Dist. LEXIS 99419).



Judge Extends Deadline For Microwave Maker To Respond To Class Complaint
FRESNO, Calif. - A California federal judge on June 28 granted a microwave maker's application to extend a deadline for it to respond to a class action complaint in which consumers assert violations of California law, pending the outcome of a motion to transfer the case to another court (Erika Mendoza, et al. v. Electrolux Home Products Inc., No. 1:17-cv-00839, E.D. Calif., 2017 U.S. Dist. LEXIS 100440).



Federal Judge Lets VW Franchise Dealers File Amended Complaint Against Bosch
SAN FRANCISCO - A California federal judge on Jan. 23 denied a motion by Robert Bosch GmbH and Robert Bosch LLC to dismiss Volkswagen-branded franchise dealers' amended and consolidated class action complaint alleging that the Bosch defendants helped the automaker develop the "defeat devices" installed in VW diesel engine vehicles to evade U.S. emissions regulations and gave the dealers leave to amend their complaint by July 24 to "address the identified shortcomings" (In re: Volkswagen "Clean Diesel" Marketing, Sales Practices and Products Liability Litigation, MDL No. 2672, N.D. Calif., 2017 U.S. Dist. LEXIS 97767).



Wage And TCPA Violations, Other Complaints Hit Courts
Recent class action lawsuits filed in federal and state courts across the country include complaints alleging wage-and-hour violations, unauthorized collection of parking fees, Telephone Consumer Protection Act violations and vehicle defects.



DOJ Flips Support To Employer In Supreme Court Class Waiver Appeal
WASHINGTON, D.C. - The United States filed an amicus curiae brief on June 16 in the U.S. Supreme Court fully supporting the employers in three consolidated appeals challenging the barring of class or collective action waivers in employment agreements, noting that it was changing its position as it had previously filed a petition for a writ of certiorari on behalf of the National Labor Relations Board in one of the cases, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup. (Epic Systems Corp. v. Jacob Lewis, No. 16-285, Ernst & Young, et al. v. Stephen Morris, et al., No. 16-300, NLRB v. Murphy Oil USA, Inc., et al., No. 16-307, U.S. Sup.).



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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



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