http://www.lexisnexis.com/mealeys/news.aspx Headline Class Actions Legal News from LexisNexis® en-us http://www.lexisnexis.com/mealeys/images/lexismealeyslogo.gif 130 29 http://www.lexisnexis.com/mealeys/news.aspx Copyright 2020 http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CINCINNATI - A Sixth Circuit U.S. Court of Appeals panel on Jan. 31 granted a petition for permission to appeal filed by a propane company seeking a ruling on whether a class action filed by the Michigan attorney general under state consumer protection laws is a class action as defined by the Class Action Fairness Act (CAFA) (In re: AmeriGas Partners, L.P., et al., No. 19-113, 6th Cir., 2020 U.S. App. LEXIS 3163). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ANNAPOLIS, Md. - A Maryland Court of Special Appeals panel on Jan. 24 affirmed a trial court's approval of a $1.5 million class settlement in a lawsuit accusing a lender of illegal charges, finding that the objector's claim that the class representative was inadequate was not properly before the court but that even if it was, the trial court's adequacy ruling and the finding that the settlement was fair were both appropriate (Gerald Burton v. Claudine Hale, et al., No. 3346, Md. Spec. App., 2020 Md. App. LEXIS 62). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A California judge on Jan. 31 in a one-page order granted a motion to intervene filed by California's Division of Labor Standards and Enforcement (DLSE) in a gender discrimination case with a pending settlement between Riot Games Inc. and a class of female employees (Melanie McCracken, et al. v. Riot Games, Inc., et al., No. 18STCV03957, Calif. Super., Los Angeles Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN DIEGO - A California federal judge on Jan. 29 denied a motion to intervene filed in a class suit nearing settlement of California unfair competition law (UCL) and other claims that Ocean Spray Cranberries Inc. misled buyers with its juice labels, ruling that the two proposed intervenors, who have filed their own complaint containing similar claims, could derail the settlement and have other available avenues, including filing an objection or opting out (Crystal Hilsley, et al. v. Ocean Spray Cranberries, Inc., et al., No. 17-2335, S.D. Calif., 2020 U.S. Dist. LEXIS 14813). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHATTANOOGA, Tenn. - A federal judge in Tennessee on Feb. 3 granted preliminary approval of a collective and class action settlement of age bias charges against Volkswagen Aktiengesellschaft (Volkswagen AG) and its subsidiaries through which the employer has agreed to change hiring and promotion processes and procedures for investigating complaints of discrimination; the settlement provides no monetary relief for the class (Jonathan Manlove, et al. v. Volkswagen Aktiengesellschaft, et al., No. 18-145, E.D. Tenn.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' OAKLAND, Calif. - A federal judge in California on Jan. 31 granted preliminary approval of a class action settlement under which Chipotle Mexican Grill Inc. will pay $6.5 million to end claims that it violated California's unfair competition (UCL) and other states' laws by advertising its products as "non-GMO [genetically modified organism]" and "GMO free" even though it allegedly sources it meat and dairy products from animals fed with GMO-derived food and offers soft drinks containing corn syrup, a GMO (Martin Schneider, et al. v. Chipotle Mexican Grill, Inc., No. 16-2200, N.D. Calif., 2020 U.S. Dist. LEXIS 16365). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN DIEGO - A California federal judge on Jan. 28 granted preliminary approval of a voucher class settlement in a lawsuit in which a children's clothing retailer is accused of routinely advertising false "original" prices when discounting its merchandise in violation of California's unfair competition law (UCL) and other state laws (Monica Rael, et al. v. The Children's Place, Inc., et al., No. 16-370, S.D. Calif., 2020 U.S. Dist. LEXIS 13970). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BALTIMORE - In a Jan. 28 judgment, a federal judge in Maryland deemed reasonable and appropriate a $4.6 million award of attorney fees in a case that pitted participants and beneficiaries of a 403(b) plan against the plan's sponsor, The Johns Hopkins University (Margaret E. Kelly, et al. v. The Johns Hopkins University, No. 16-2835, D. Md., 2020 U.S. Dist. LEXIS 14772). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - Hawaiian student athletes who allege that they have been discriminated against due to gender filed a petition for permission to appeal in the Ninth Circuit U.S. Court of Appeals on Jan. 14 seeking interlocutory review after a trial court judge denied the students' motion for class certification (A.B., et al. v. Hawaii State Department of Education, et al., No. 20-80014, 9th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' COLUMBIA, S.C. - A class certification order in a lawsuit over the reduction of adoption subsidies is not immediately appealable, the South Carolina Supreme Court ruled Jan. 29, vacating an appellate panel's reversal of the order (Kenneth and Angela Hensley, et al. v. South Carolina Department of Social Services, No. 27941, S.C. Sup., 2020 S.C. LEXIS 5). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MONTGOMERY, Ala. - A federal judge in Alabama on Jan. 24 declined to grant class certification in a lawsuit seeking declaratory and injunctive relief related to felons' right to vote, finding that class relief has not been shown to be appropriate (Treva Thompson, et al. v. John H. Merrill, et al., No. 16-783, M.D. Ala., 2020 U.S. Dist. LEXIS 11877). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Jan. 29 granted borrowers' motion for class certification only as to their breach of contract claim in their lawsuit alleging that a mortgage servicer failed to provide them with loan modifications, finding that denial of certification of the state subclasses based on violations of state consumer protection laws is warranted because the state consumer laws are materially different and common issues would not predominate (Alicia Hernandez, et al. v. Wells Fargo & Company, et al., No. 18-07354, N.D. Calif., 2020 U.S. Dist. LEXIS 15844). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal judge in California on Jan. 22 denied the majority of defendants' motions for summary judgment in a false advertising class action over their marketing of skin care products, finding that "triable issues plague" the motions and also denied as moot the plaintiffs' motion for class certification (Kari Miller, et al. v. Peter Thomas Roth, LLC, et al., No. 19-00698, N.D, Calif., 2020 U.S. Dist. LEXIS 10854). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RALEIGH, N.C. - A Fortnite player who claims that his Epic Games Inc. account was breached and his data was stolen must submit his claims to individual arbitration, a federal judge in North Carolina ruled Feb. 3, staying the Missouri man's putative class complaint (Michael Heidbreder v. Epic Games, Inc., No. 19-348, E.D. N.C., 2020 U.S. Dist. LEXIS 17878). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - A U.S. District Court for the Northern District of Illinois judge on Jan. 29 agreed to transfer a putative class complaint over a franchisee's alleged use and retention of employees' fingerprint scans, but transferred the case to the Central District of Illinois, not a federal court in Indiana as the franchisee had requested (Tiffanie Snider, et al. v. Heartland Beef, Inc., No. 19-7386, N.D. Ill., 2020 U.S. Dist. LEXIS 14502). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A putative class complaint pending in a federal court in Florida that accuses Burger King Corp. of improperly marketing its Impossible Whopper as meat-free fails to state a claim upon which relief may be granted and contains allegations that are too individualized to be litigated on behalf of a class, Burger King claims in a Jan. 30 motion to dismiss and deny class certification (Phillip Williams, et al. v. Burger King Corporation, No. 19-24755, S.D. Fla.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2017%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MIAMI - A federal judge in Florida on Jan. 28 granted a motion to dismiss filed by a gin maker and grocery store chain in a class suit over the alleged sale of adulterated gin, finding that the plaintiff's claim is preempted and noting that the class action is not like others that "have greatly benefited society" (Uri Marrache v. Bacardi U.S.A., Inc., et al., No. 19-23856, S.D. Fla., 2020 U.S. Dist. LEXIS 13668). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2018%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' FRESNO, Calif. - A federal judge in California on Jan. 29 denied a motion for stay filed by a California vineyard and a farm labor contractor in a putative class complaint brought by workers who allege numerous wage violations, including under the Agricultural and Migrant Worker Protection Act (AWPA) and California's unfair competition law (UCL), finding that no "exceptional circumstances" exist to warrant the court waiting for a ruling in a state case bringing some of the same claims against the same defendants (Sebastiana Martinez-Sanchez, et al. v. Anthony Vineyards, Inc., et al., No. 19-1404, E.D. Calif., 2020 U.S. Dist. LEXIS 15785). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2019%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 27 denied a petition for a writ of certiorari filed by a trucking trade organization, several companies and others who use the Pennsylvania Turnpike seeking review of a Third Circuit U.S. Court of Appeals ruling affirming dismissal of their class claims over toll increases and how that money is being used (Owner Operator Independent Drivers Association, Inc., et al. v. Tom Wolf, Governor of Pennsylvania, et al., No. 19-762, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2020%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - In two cases being closely watched by other Telephone Consumer Protection Act (TCPA) class actions, a split 11th Circuit U.S. Court of Appeals panel on Jan. 27 issued an opinion finding that neither phone system at issue qualified as an automatic telephone dialing system (ATDS) as they did not use "randomly or sequentially generated numbers" and that the system in one of the cases "required human intervention and thus was not an auto-dialer" (Melanie Glasser v. Hilton Grand Vacations Company, LLC, No. 18-14499, Tabitha Evans v. Pennsylvania Higher Education Assistance Agency, No. 18-14586, 11th Cir., 2020 U.S. App. LEXIS 2481). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2021%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ROME, Ga. - Airbnb Inc. and Airbnb Payments Inc. have intentionally failed to properly collect and/or remit taxes owed to Georgia cities and counties, thee cities and one county claim in a class complaint filed Jan. 31 in a federal court in Georgia seeking more than $5 million in damages (Rome, Georgia, et al. v. Airbnb, Inc., et al., No. 20-22, N.D. Ga.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2022%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SACRAMENTO, Calif. - Four individuals who are homeless and reside in a Sacramento tent encampment filed a class complaint on Feb. 4 in the U.S. District Court for the Eastern District of California, seeking to enjoin the city and its police department from removing a port-a-potty near the encampment (Patrick Mahoney, et al. v. City of Sacramento, et al., No. 20-258, E.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2023%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - Clearview AI Inc. created and furnished to law enforcement a database of the facial scans of "millions of unsuspecting individuals," contributing to the creation of a "massive surveillance state" a plaintiff claims in a putative class complaint filed Jan. 22 in Illinois federal court, alleging violations of the First, Fourth and 14th amendments to the U.S. Constitution and the Illinois Biometric Information Privacy Act (BIPA) (David Mutnick v. Clearview AI Inc., et al., No. 1:20-cv-00512, N.D. Ill.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2024%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - On Jan. 31, a third putative class complaint was filed against Ring LLC in California federal court, with plaintiffs alleging negligence, privacy and consumer violation claims related to incidents in which the company's smart security devices have been hacked by third parties (John Politi, et al. v. Ring LLC, No. 2:20-cv-01034, C.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-23%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2025%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' Recent class action lawsuits filed in federal courts across the country include complaints alleging fraud by Major League Baseball and two teams, defective brakes, failure to protect medical data, unsolicited texts and unlawful vehicle seizures. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - California's Department of Fair Employment and Housing (DFEH) and Division of Labor Standards and Enforcement (DLSE) filed separate objections on Jan. 8 and 9, respectively, to a proposed settlement between Riot Games Inc. and a class of female employees pending in the Los Angeles County Superior Court, calling the $10 million amount well below a fair settlement and separate, individual settlement agreements negotiated by the named plaintiffs "potentially mislead[ing]" (Melanie McCracken, et al. v. Riot Games, Inc., et al., No. 18STCV03957, Calif. Super., Los Angeles Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - The parties in a lawsuit against the University of Southern California (USC) for alleged decades of sexual abuse by the school's gynecologist filed a joint notice on Jan. 13 in the U.S. District Court for the Central District of California that their settlement agreement, which includes a $215 million settlement fund, has been revised according to the court's instructions at a Jan. 6 hearing (In re USC Student Health Center Litigation, No. 18-4258, C.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - Managers formerly employed by Aramark Corp. filed an unopposed motion in a federal court in Pennsylvania on Jan. 15, seeking preliminary approval of a $21 million class settlement that would end their complaints alleging that they were not paid all owed bonuses (Henry J. Lacher, et al. v. Aramark Corporation, No. 19-687, Michael Mercer, et al. v. Aramark Corporation, No. 19-2762, E.D. Pa.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ATLANTA - A Georgia federal judge on Jan. 13 granted final approval to the settlement of a consolidated consumer class's negligence lawsuit over the massive 2017 data breach experienced by Equifax Inc., calling the relief valued at potentially billions of dollars "an outstanding result for the class in a case with a high level of risk" that "exceeds the relief provided in other data breach settlements" (In Re: Equifax Inc., Customer Data Security Breach Litigation, No. 1:17-md-2800, N.D. Ga., 2020 U.S. Dist. LEXIS 7841). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN DIEGO - A federal judge in California on Jan. 6 granted final approval of a class settlement between consumers and coconut oil makers that will result in changes to health claims on the labeling and a $1,850,000 payment (Sherry Hunter, et al. v. Nature's Way Products, LLC, et al., No. 16-532, S.D. Calif., 2019 U.S. Dist. LEXIS 1706). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WEST PALM BEACH, Fla. - A federal judge in Florida on Dec. 10 granted preliminary approval of a $962,500 settlement to be paid by Coinbase Inc. to a class of individuals whose bitcoin were allegedly stolen from them by Crypsty, a cryptocurrency exchange; a nearly identical class previously settled with Crypsty and Paul Vernon for $796,000 (Brandon Leidel, et al. v. Coinbase, Inc., No. 16-81992, S.D. Fla.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ST. PAUL, Minn. - A federal judge in Minnesota on Jan. 21 denied a Minnesota city's motion to intervene in a class complaint over a rendering and waste-oil processing facility's allegedly noxious orders, finding that the motion, filed as the court was about to grant preliminary approval of a settlement, was not timely (Patricia Keech, et al. v. Sanimax USA, LLC, No. 18-683, D. Minn., 2020 U.S. Dist. LEXIS 9752). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' OAKLAND, Calif. - Two months after a California federal judge preliminarily approved a $40 million settlement over inflated video advertising metrics on Facebook Inc.'s social network, the two remaining advertiser plaintiffs on Jan. 15 moved for final approval of the settlement of their unfair competition and breach of duty claims (LLE One LLC, et al. v. Facebook Inc., No. 4:16-cv-06232, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BALTIMORE - A federal judge in Maryland on Jan. 8 granted final approval of a $14 million settlement to be paid by The Johns Hopkins University to end claims by participants and beneficiaries of the 403(b) plan that the university charged unreasonable fees and maintained high-cost and underperforming investment options (Margaret E. Kelly, et al. v. The Johns Hopkins University, No. 16-2835, D. Md.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - Plaintiffs in a class action alleging that Northrop Grumman Corp. breached its fiduciary duties in its management of the company's 401(k) retirement savings plan contend in a Jan. 13 motion for preliminary approval of a settlement filed in California federal court that an almost $12.4 million settlement is fair and reasonable to all class members (Clifton Marshall, et al. v. Northrop Grumman Corp., et al., No. 16-6794, C.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' COLUMBIA, S.C. - Lead plaintiffs in a securities class action against a gas and electric utility company and certain of its current and former executive officers and directors asked a federal judge in South Carolina on Jan. 7 to grant preliminary approval of a $192.5 million settlement stemming from the defendants' alleged misrepresentations pertaining to a nuclear reactor construction project at the V.C. Summer nuclear generating station in South Carolina (In re SCANA Corp. Securities Litigation, No. 17-2616, D. S.C.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - A federal judge in California on Jan. 10 decertified a class of Eddie Bauer LLC employees in California in a lawsuit seeking compensation for time spent undergoing security inspections, finding that based on the current record before the court, a jury would have to make decisions related to each employee's experience with exit inspections as there was no uniform policy (Stephanie Heredia v. Eddie Bauer LLC, No. 16-6236, N.D. Calif., 2020 U.S. Dist. LEXIS 4627). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A federal judge in California on Jan. 8 - in a case that made its way all the way up to the U.S. Supreme Court in an appeal over equitable tolling and the lead plaintiff's appeal of a class decertification decision - reinstated the original 2014 class certification order in the case challenging the labeling of dietary supplements (Troy Lambert, et al. v. Nutraceutical Corp., No. 13-5942, C.D. Calif., 2020 U.S. Dist. LEXIS 6391). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN DIEGO - A federal judge in California on Jan. 14 certified a class of asylum seekers in U.S. Customs and Border Protection (CBP) custody in California who have retained counsel and have allegedly been denied access to that counsel while undergoing non-refoulement interviews and, in a separate order, granted a classwide preliminary injunction barring government officials from conducting those interviews without allowing for in-person attorney access before and during the interviews (Cristian Doe, et al. v. Chad F. Wolf, et al., No. 19-2119, S.D. Calif., 2020 U.S. Dist. LEXIS 6373). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - "Incomprehensible" denial letters sent in reference to out-of-network lactation care form the basis for class certification, but allegations claiming that an insurer's "woefully inadequate" efforts constituted a uniform effort at evading Patient Protection and Affordable Care Act (ACA) standards fail, a federal judge in California held Dec. 23 (Rachel Condry, et al. v. UnitedHealth Group Inc., et al., No. 17-183, N.D. Calif., 2019 U.S. Dist. LEXIS 220287). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - Restaurant workers alleging that they were forced to speak only English at work and were denied promotions for allegedly not meeting subjective English proficiency requirements failed to show that they satisfied the commonality or typicality requirements of Federal Rule of Civil Procedure 23(a), a federal judge in California ruled Jan. 15, denying a motion for class certification (Adriana Guzman, et al. v. Chipotle Mexican Grill, Inc., et al., No. 17-2606, N.D. Calif., 2020 U.S. App. LEXIS 7019). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2017%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - An Illinois federal judge on Jan. 21 stripped plaintiffs suing their insurer over lactation services coverage under the Patient Protection and Affordable Care Act (ACA) of their expert witness testimony for lack of reliability and then denied their bid for class certification for lack of common issues (Laura Briscoe, et al. v. Health Care Service Corporation, et al., No. 1:16-cv-10294, N.D. Ill., 2020 U.S. Dist. LEXIS 9447). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2018%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CLEVELAND - Three credit unions suing Sonic Corp. for negligence over its 2017 data breach filed a motion in Ohio federal court on Jan. 9, seeking to certify a nationwide class of financial institutions (FIs) that accrued costs resulting from responding to cardholders whose payment cards were potentially affected by the breach (In re: Sonic Corp. Customer Data Security Breach, No. 1:17-md-02807, N.D. Ohio). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2019%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - A Massachusetts federal judge on Jan. 9 denied class certification to participants in General Electric Co.'s (GE) retirement savings plan because they failed to identify individual attorneys as proposed class counsel (In re: G.E. ERISA Litigation, No. 17-12123, D. Mass.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2020%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' GEORGETOWN, Del. - A Delaware couple on Jan. 13 filed a brief in state court contending that it should certify a class of plaintiffs who have sued a chicken processing plant that the couple says has contaminated the local groundwater with wastewater (Gary and Anna-Marie Cuppels, et al. v. Mountaire Corporation, et al., No. S18C-06-009 ESB, Del. Super., Sussex Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2021%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A trial court erred when it applied California discovery rules in a case over bedding thread counts and ruled that the lead plaintiff could obtain a list of the proposed class members from the retailer he was suing prior to class certification being granted, a split Ninth Circuit U.S. Court of Appeals panel ruled Jan. 13, granting the retailer's petition for a writ of mandamus and ordering the trial court to vacate its order (In re: Williams-Sonoma, Inc., No. 19-70522, 9th Cir., 2020 U.S. App. LEXIS 1046). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2022%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - A petition for a writ of certiorari by a company that operates gas wells in Oklahoma asking the U.S. Supreme Court to decide whether district courts must "undertake a rigorous analysis to determine whether" a class "is ascertainable through an administratively feasible method" before granting certification was denied by the U.S. Supreme Court on Jan. 13 (Apache Corporation v. Bigie Lee Rhea, No. 19-503, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2023%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - Facebook Inc.'s interlocutory appeal of a class certification ruling in a privacy lawsuit over its face-tagging feature will not be heard by the U.S. Supreme Court, which on Jan. 21 denied the social network's petition for certiorari in which it raised questions about standing under Article III of the U.S. Constitution (Facebook Inc. v. Nimesh Patel, et al., No. 19-706, U.S. Sup., 2020 U.S. LEXIS 538). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2024%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JUAN, Puerto Rico - A federal judge in Puerto Rico on Jan. 10 ruled that his court has no subject matter jurisdiction over a class complaint filed by three individuals against their former class counsel in a lawsuit over an oil refinery explosion accusing them of unlawfully taking settlement funds for overhead costs (Hector Martinez, et al. v. Law Offices of John F. Nevares & Associates, P.S.C., et al., No. 18-1400, D. Puerto Rico, 2020 U.S. Dist. LEXIS 4784). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2025%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - A federal judge in New York on Jan. 10 denied a motion to dismiss a putative class complaint by a consumer over a sandwich shop chain's use of "natural" when marketing and labeling its products and ordered the parties to engage in limited jurisdictional discovery to allow the court to determine the makeup of the putative class and whether the court had subject matter jurisdiction under the Class Action Fairness Act (CAFA) (Skylar Cunningham, et al. v. Pret a Manger [USA] Ltd., No. 19-2322, S.D. N.Y., 2020 U.S. Dist. LEXIS 4993). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2026%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A federal magistrate judge in California on Jan. 15 denied an oil refinery's motion to dismiss a wage-and-hour violations class action brought by current and former employees, finding that because the California Labor Code claims survive dismissal, the unfair competition law (UCL) claim based on the oil refinery's purported "unlawful" conduct also survives (Marco Dimercurio, et al v. Equilon Enterprises LLC, No. 19-04029, N.D. Calif., 2020 U.S. Dist. LEXIS 7006). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2027%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW HAVEN, Conn. - A lead-paint poisoning plaintiff on Jan. 9 moved jointly with the city of New Haven in Connecticut state court seeking an extension of time for the plaintiff to reply to the city's motion to dismiss in order to review the case and explore the possibility of a settlement (Nichelle Hobby, et al. v. City of New Haven, No. NHH-CV-19-5003875-S, Conn. Super., New Haven Jud. Dist.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2028%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW HAVEN, Conn. - A former Wyndham Hotel Group franchisee that executed a franchise agreement permitting the franchisor's affiliates to contact it via facsimile has no grounds to sue Lands' End Inc., one of those affiliates, for sending faxes in violation of the Telephone Consumer Protection Act (TCPA) while it was a franchisee, a federal judge in Connecticut ruled Jan. 16, granting Lands' End's motion for summary judgment in the class complaint by Gorss Motels Inc. (Gorss Motels, Inc. v. Lands' End, Inc., No. 17-10, D. Conn., 2020 U.S. Dist. LEXIS 8908). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2029%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PITTSBURGH - Several retirement funds on Dec. 6 filed an amended federal securities class action in Pennsylvania federal court against a hydraulic fracturing company and some of its executives, contending that they violated the Securities Exchange Act (SEA) and Securities Exchange Commission regulations by committing securities fraud and engaging in insider trading (In re EQT Corporation Securities Litigation, No. 19-754, W.D. Pa.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-22%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2030%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' Recent class action lawsuits filed in federal and state courts across the country include complaints alleging unsolicited faxes, deceptive marketing of dog treats, toxic levels of mercury in beauty products, wage violations and a website that is inaccessible to the blind. http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%201%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WASHINGTON, D.C. - The Ninth Circuit U.S. Court of Appeals erred when it certified a class of Arizona foster children in a suit over medical services as the class includes children who were well served and have no injury as well as those who allegedly received inadequate care, Michael Faust, the director of the Arizona Department of Child Safety, alleges in a petition for a writ of certiorari filed Dec. 12 in the U.S. Supreme Court (Michael Faust v. B.K., No. 19-765, U.S. Sup.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%202%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - An airline in arguing against a trial court's grant of class certification in a wage complaint by workers successfully claimed that the incorrect standard was applied and that individualized inquiries negate the employees' attempt to show commonality and predominance, a Third Circuit U.S. Court of Appeals panel ruled Dec. 24 reversing the certification order (Daniel Ferreras, et al. v. American Airlines, Inc., No. 18-3143, 3rd Cir., 2019 U.S. App. LEXIS 38369). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%203%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PORTLAND, Ore. - A Ninth Circuit U.S. Court of Appeals panel on Dec. 24 upheld a trial court's denial of class certification in a gender bias lawsuit brought by female employees against Microsoft Corp., finding a lack of commonality and conflicts of interest (Katherine Moussouris, et al. v. Microsoft Corporation, No. 18-35791, 9th Cir., 2019 U.S. App. LEXIS 38320). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%204%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN DIEGO - A California appellate panel, citing the recent ruling in Noel v. Thrifty Payless, Inc., which established a more relaxed ascertainability standard, reversed class certification denial in a lawsuit over a retailer's alleged Song-Beverly Credit Card Act of 1971 violations, finding that the identification of class members will ultimately be possible (Rita Medellin v. Ikea US Retail LLC, No. D074232, Calif. App., 4th Dist., Div. 1, 2019 Cal. App. Unpub. LEXIS 8435). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%205%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' MINNEAPOLIS - Plaintiffs in a class action suit alleging that a number of defendants breached their fiduciary duties by increasing the cost of the EpiPen prescription maintain in a Dec. 16 motion filed in Minnesota federal court that the certification of four classes is appropriate because the classes are ascertainable and the commonality and typicality requirements have been met (In re: EpiPen ERISA Litigation, No. 17-1884, D. Minn.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%206%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A class of more than 30,000 participants in and beneficiaries of the University of Southern California's (USC) two retirement plans were certified Dec. 20 by a federal judge in California in a lawsuit alleging failure to properly oversee and screen investments offered by the plans and excessive administrative expenses (Allen L. Munro, et al. v. University of Southern California, et al., No. 16-6191, C.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%207%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BUFFALO, N.Y.- A federal judge in New York on Dec. 30 denied a couple's motion to certify a nationwide class for borrowers who claim that Bank of America N.A. violated the Real Estate Settlement Procedures Act (RESPA) by failing to use reasonable diligence when reviewing loan modification applications, holding that their expert's report showed that the proposed class lacked commonality and that individual issues predominated over classwide questions (Bobbi Jackson, et al. v. Bank of America N.A., No. 16-CV-757, W.D. N.Y., 2019 U.S. Dist. LEXIS 222511). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%208%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW YORK - On Jan. 3 - one day after a federal judge in New York released a memorandum and order explaining her reasoning behind a Dec. 13 approval of a final settlement valued at more than $6.3 billion in a class complaint brought on behalf of more than 12 million nationwide merchants, including franchisees, who accept or accepted Visa and Mastercard-branded cards for payments who alleged that the Visa, Mastercard and the issuing banks harmed competition and charged supracompetative fees - two class members filed a notice of appeal in the U.S. District Court for the Eastern District of New York (In re Payment Card Interchange Fee and Merchant Discount Antitrust Litigation, No. 05-MD-1720, E.D. N.Y., 2019 U.S. Dist. LEXIS 216796). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%209%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHICAGO - A $135 million settlement ending claims that Navistar heavy-duty trucks were sold with a defective emissions systems was granted final approval on Jan. 3 by a federal judge in Illinois (In re Navistar MaxxForce Engines Marketing, Sales Practices and Products Liability Litigation, No. 14-10318, N.D. Ill.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2010%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' WILMINGTON, Del. - In a Jan. 3 motion for preliminary approval of a revised $5.5 million class settlement with Google LLC over privacy concerns related to certain cookie deployment practices, the plaintiffs tell a Delaware federal court that although "[t]he structure, timing, and disposition of funds set out" in a previous settlement proposal, which was vacated by the Third Circuit U.S. Court of Appeals, "have not changed," the parties have addressed the Third Circuit's concerns over the cy pres-only nature of the settlement (In Re: Google Inc. Cookie Placement Consumer Privacy Litigation, No. 1:12-md-02358, D. Del.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2011%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - Four former users of the now-defunct Google Plus social network filed a motion in California federal court on Jan. 6, seeking preliminary approval of a $7.5 million settlement with Google LLC of unfair competition, privacy and negligence class claims over two 2018 data leaks that exposed users' personally identifiable information (PII) to third-party app developers (In re Google Plus Profile Litigation, No. 5:18-cv-06164, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2012%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NASHVILLE, Tenn. - A federal judge in Tennessee on Dec. 19 granted final approval to a settlement valued at more than $30 million between Nissan North American Inc. and consumers who alleged that defective paint was used for certain white-painted Nissan Rogue and Infiniti QX56 vehicles (Michelle Nelson, et al. v. Nissan North America, Inc., No. 17-1114, M.D. Tenn.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2013%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' FRESNO, Calif. - A federal judge in California in an order docketed Dec. 20 granted preliminary approval to a $4 million class settlement to be paid by a fast food franchisee to end claims over ads sent via allegedly unwanted text messages (Cory Larson, et al. v. Harman-Management Corporation, No. 16-219, E.D. Calif., 2019 U.S. Dist. LEXIS 219294). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2014%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RIVERSIDE, Calif. - HSBC Bank USA, National Association and PHH Mortgage Corp. will pay $2.4 million to end a class suit accusing the two companies of violating the Telephone Consumer Protection Act (TCPA) by placing automatic debt collection calls to cell phones without prior consent, according to a class settlement granted final approval by a federal judge in California on Dec. 30 (Saber Ahmed, et al. v. HSBC Bank USA, et al., No. 15-2057, C.D. Calif., 2019 U.S. Dist. LEXIS 222750). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2015%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' RENO, Nev. - Noting that more than $5 million dollars' worth of discount coupons that were emailed to class members affected by Zappos.com Inc.'s 2012 data breach have already been redeemed, a Nevada federal judge on Dec. 23 granted final approval to a settlement of a privacy class action against the online retailer (In Re Zappos.com Inc., Customer Data Security Breach Litigation, No. 3:12-cv-00325, D. Nev.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2016%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' ROCHESTER, N.Y. - Plaintiffs who allege that an employer violated the Employee Retirement Income Security Act by engaging in self-dealing in its administration of a 401(k) retirement plan on Dec. 26 filed a motion for preliminary approval of an almost $21 million settlement, urging a New York federal court to approve the settlement. which they say is fair and reasonable to all class members (In re M&T Bank Corporation ERISA Litigation, No. 16-375, W.D. N.Y.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2017%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Louisiana doctor's petition for permission to appeal a trial court's decision on its jurisdiction over claims in a case brought under the Louisiana Preferred Provider Organization Act (PPO Act) was denied by a Fifth Circuit U.S. Court of Appeals panel in a Dec. 19 per curiam opinion, finding that the doctor's failure to raise a Class Action Fairness Act (CAFA)-linked argument rendered appellate review inappropriate (George Raymond Williams v. Homeland Insurance Company of New York, No. 19-90027, 5th Cir., 2019 U.S. App. LEXIS 38078). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2018%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BOSTON - A federal judge in Massachusetts on Dec. 20 remanded a class action lawsuit brought by a woman who claims that a loan servicer's repeated phone calls to her about her defaulted mortgage loan violated state law, finding that the loan servicer failed to show that the damages the woman is seeking are in excess of $75,000 (Cheryl Pantano v. Ocwen Loan Servicing LLC, No 19-cv-11178, D. Mass., 2019 U.S. Dist. LEXIS 219033). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2019%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN FRANCISCO - A divided Ninth Circuit U.S. Court of Appeals panel on Jan. 6 rejected arguments by Walmart Inc., doing business as Wal-Mart Transportation LLC, to reduce a $60.8 million judgment for a class of truck drivers on employment-related claims and denied a cross-appeal by the drivers seeking liquidated damages (Charles Ridgeway, et al. v. Walmart Inc., Nos. 17-15983 and 17-16142, 9th Cir., 2020 U.S. App. LEXIS 212). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2020%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' CHARLESTON, S.C. - Lennar Carolinas LLC moved in South Carolina state court on Dec. 18 for dismissal of a class action for homeowners in a development who claim that the builder's negligence allowed their homes to suffer from water intrusion, arguing that the court lacks jurisdiction because the claims are subject to arbitration pursuant to a clause in the purchase and sales agreement (Susan Rhoden, et al. v. Lennar Carolinas LLC, et al., No. 2019-CP-10-4807, S.C. Comm. Pls., Charleston Co.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2021%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' SAN JOSE, Calif. - A California federal judge on Dec. 19 found that a putative class suing Google LLC for allegedly storing their location data failed to "plead sufficient facts to allege an invasion of privacy," leading him to grant Google's motion to dismiss statutory, constitutional and common-law privacy claims against the tech firm, with leave to amend (In re Google Location History Litigation, No. 5:18-cv-05062, N.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2022%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEWARK, N.J. - A New Jersey federal judge on Dec. 26 dismissed employees' claims against a tax preparation services franchisor arising after the effective date of a statute in Oklahoma wage law but denied dismissal of claims arising before the statute's effective date (Wanda Mardis, et al. v. Jackson Hewitt Tax Service Inc., et al., No. 16-2115, D. N.J., 2019 U.S. Dist. LEXIS 221573). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2023%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - A proposed class of borrowers sufficiently stated a claim that JP Morgan Chase Bank N.A. (Chase) violated the Real Estate Settlement Procedures Act (RESPA) when failing to timely respond to requests for recordings of calls regarding their loans, a federal judge in California ruled Dec. 23, holding that the requests were not overbroad (Anthony Barbano, et al. v. JP Morgan Chase Bank N.A., No. 19-1218, C.D. Calif., 2019 U.S. Dist. LEXIS 220251). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2024%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW ORLEANS - A Fifth Circuit U.S. Court of Appeals panel on Dec. 19 upheld the dismissal of a class action suit brought by active members of the military who claim that their mortgages were unlawfully foreclosed upon in violation of the Servicemembers Civil Relief Act (SCRA), finding that orders for the seizure of the borrowers' property that were obtained through executory proceedings in Louisiana state court were not default judgments (Steven Fodge, et al. v. Trustmark National Bank, et al., No. 19-30279, 5th Cir.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2025%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' GREENSBORO, N.C. - A federal judge in North Carolina on Jan. 7 issued an amended order disbursing more than $20 million in attorney fees and nearly $500,000 in costs following the entry of final judgment of more than $61 million against Dish Network LLC in a Telephone Consumer Protection Act (TCPA) class lawsuit (Thomas H. Krakauer, et al. v. Dish Network, L.L.C., No. 14-333, M.D. N.C.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2026%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' NEW HAVEN, Conn. - Cleaners who sued a cleaning company franchisor over franchise fees made no "viable" unjust enrichment claim as they did nothing more than claim that the franchise agreement requiring fees was an employment agreement and so any fee or payment is void, a federal judge in Connecticut ruled Jan. 3, denying the cleaners' motion for reconsideration, which followed the judge's Dec. 21 summary judgment ruling for the franchisor (Simon Mujo, et al. v. Jani-King International, Inc., et al., No. 16-1990, D. Conn., 2020 U.S. Dist. LEXIS 679). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2027%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' PHILADELPHIA - With the filing of a putative class complaint by 12 of its customers on Dec. 31, at least 11 lawsuits have been filed in Pennsylvania federal court against a convenience store chain in the wake of its announcing that it had recently discovered a data breach that went unnoticed for nine months (Mark Schultz, et al. v. Wawa Inc., No. 2:19-cv-06190, E.D. Pa.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2028%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' BIRMINGHAM, Ala. - An Alabama hospital has violated the Health Insurance Portability and Accountability Act of 1996 (HIPAA), the Federal Trade Commission Act and the Gramm-Leach-Bliley Act by failing to protect the medical records of approximately 32,000 from a recent ransomware attack, a class complaint filed Dec. 23 in a federal court in Alabama alleges (Geraldine Daniels, et al. v. DCH Healthcare Authority, No. 19-2086, N.D. Ala.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2029%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' LOS ANGELES - The makers of Ring smart security systems have employed "[l]ax security standards and protocols" resulting in the hacking of camera systems by third parties, a man alleges in a class complaint filed Dec. 26 in a federal court in California (John Baker Orange, et al. v. Ring LLC, et al., No. 19-10899, C.D. Calif.). http://www.lexis.com/research/xlink?canceldest=form&keyenum=25271&keytnum=0&searchtype=get&search=19-21%20Mealey%27s%20Litig.%20Rep.%20Class%20Actions%2030%20(2020)&view=full&ORIGINATION_CODE=00144 target='_blank' Recent class actions filed in federal and state courts across the country include complaints alleging repeated unwanted phone calls, unlawful towing fees, the sale of illegal cannabidiol (CBD) products, wage violations and disability discrimination.