Mealey's Class Actions : Mealey's : Legal News & Analysis

Mealey's Class Actions

May 16, 2024
Judge Allows Consumer Defect Suits Against Gas Stove Makers For Air Pollutants

LOS ANGELES — A California federal judge granted in part and denied in part three gas stove makers’ motions to dismiss putative class actions brought against them by customers who claim that they were deceived into purchasing gas stoves without knowing that the products may emit harmful air pollutants, allowing the bulk of their claims, including for violation of California’s unfair competition law (UCL), to proceed.
May 16, 2024
E-Cig MDL Judge Orders Altria To Pay Plaintiffs $13.6M Attorney Fee Award

SAN FRANCISCO — The California federal judge overseeing multidistrict litigation against e-cigarette maker Juul Labs Inc. (JLI) and tobacco company Altria Group Inc. and its subsidiaries on May 15 approved an attorney fee award of $13.6 million after approving a $45 million settlement of economic loss claims against Altria brought by class members who purchased e-cigarette products in reliance upon misleading information about their addictiveness and health risks.
May 16, 2024
Consumer Dismisses UCL Suit Against Juice Company For PFAS In Smoothies

SAN DIEGO — Two consumers on May 15 filed a notice in California federal court of voluntary dismissal of their lawsuit accusing a beverage maker of violating California’s unfair competition law (UCL) and other laws by concealing the presence of per- and polyfluoroalkyl substances (PFAS) in its fruit juice smoothie products.
May 16, 2024
Chicken Growers’ Class Certified In Compensation Suppression Case

MUSKOGEE, Okla. — A federal judge in Oklahoma granted certification of a nationwide class of growers who accuse poultry processors of conspiring to suppress their compensation in violation of Section 1 of the Sherman Act and Section 202 of the Packers and Stockyards Act and denied a motion by Pilgrim’s Pride Corp. (PPC), the only defendant remaining after other companies settled the claims against them, to exclude opinions by the growers’ expert.
May 16, 2024
6 Firms Named Co-Lead Class Counsel In Realty Commissions Conspiracy Case

KANSAS CITY, Mo. — A federal judge in Missouri granted a motion to appoint six law firms as interim co-lead class counsel in a consolidated case by home sellers accusing the National Association of Realtors (NAR), real estate franchises and brokers of violating the Sherman Act by entering into an agreement to artificially inflate the cost of commissions in residential real estate transactions; the appointment comes on the heels of a notice of a pending settlement filed by one of the defendants, Redfin Corp.
May 16, 2024
Attorney Fees, Partial Service Awards Granted After $10.5M Thread Count Settlement

CINCINNATI — A federal judge in Ohio awarded class counsel $3.5 million in attorney fees and more than $200,000 in expenses for representing consumers who settled claims with a department store over sheet thread counts for $10.5 million and partially awarded the requested incentive payments for the named plaintiffs, citing Internal Improvement Fund Trustees v. Greenough, one of the cases pointed to by the 11th Circuit U.S. Court of Appeals when it ruled in Johnson v. NPAS Sol’ns, LLC that class representatives are precluded from receiving personal compensation from the settlement fund.
May 15, 2024
Borrower Appeals Dismissal Of Student Loan Class Suit After 3rd Circuit Remand

NEWARK, N.J. — A student loan borrower filed a notice of appeal in New Jersey federal court after his putative class suit alleging that various National Collegiate Student Loan Trusts violated New Jersey law by collecting student loan debts without being licensed to do so was dismissed with prejudice; that ruling came nearly nine months after the Third Circuit U.S. Court of Appeals reversed an order sending the case back to state court after finding that the borrower sufficiently alleged a concrete injury.
May 15, 2024
On Appeal, Parties Argue Property Interest In ACA Reinsurance Takings Case

WASHINGTON, D.C. — Arguing primarily that the Transitional Reinsurance Program (TRP) of the Patient Protection and Affordable Care Act (ACA) “did not implicate a cognizable property interest,” the government filed an appellee brief urging the Federal Circuit U.S. Court of Appeals to affirm rulings against two self-insured group health plan trusts.
May 15, 2024
Chamber Of Commerce Backs 9th Circuit Rehearing In Meta Advertising Fraud Row

SAN FRANCISCO — In affirming the certification of a damages class in a suit alleging fraudulent misrepresentation and concealment by Meta Platforms Inc. related to its online advertising services, a Ninth Circuit U.S. Court of Appeals panel majority weakened the requirements for class certification in fraud cases, the U.S. Chamber of Commerce says in an amicus curiae brief supporting Meta’s bid for rehearing on this “issue of exceptional importance.”
May 15, 2024
Medical Debt Collection Class Complaint Settlement Provides $4,000 Class Relief

HAMMOND, Ind. — A federal judge in Indiana approved a class settlement in a health care debt Fair Debt Collections Practices Act (FDCPA) lawsuit against a law firm and partner that provides $4,000 in recovery to the class, $1,000 the class representative and $14,000 for attorney fees and costs.
May 15, 2024
Class Suit Claims PHH Mortgage ‘Final Letters’ Misrepresent Terms For Late Payments

ALBANY, N.Y. — A New York homeowner has filed a consumer protection class action complaint in a New York federal court against PHH Mortgage Corp. and PHH Mortgage Services, alleging that the mortgage service company violates the Fair Debt Collection Practices Act (FDCPA) by sending “final letters” to borrowers to “scare and intimidate” them into paying off late mortgage payments sooner than allowed by law.
May 15, 2024
Re-Awarded Attorney Fees Vacated Due To No Notice In Royalty Class Case

DENVER — A split 10th Circuit U.S. Court of Appeals panel vacated re-awarded attorney fees following the approval of a $52 million oil and gas royalty payments class settlement, finding that the class did not receive notice of the renewed motion as required under Federal Rules of Civil Procedure 23(h)(1); however, the panel affirmed a $232,440 incentive payment for class representative Chieftain Royalty Co.
May 15, 2024
N.Y. Federal Judge Follows ‘Overwhelming Majority’ In Remanding Climate Change Case

NEW YORK — Consumer protection claims brought by New York City against oil and gas companies that allegedly lied to consumers about the effects of fossil fuel products belong in state court because the companies failed to show that federal jurisdiction is proper in this instance, a New York federal judge found in joining “the overwhelming majority” of federal courts that have granted similar motions to remand.
May 14, 2024
11th Circuit Vacates Class Settlement, Attorney Fees In GoDaddy TCPA Suit

ATLANTA — A trial court abused its discretion when it approved a Telephone Consumer Protection Act (TCPA) settlement between a class and GoDaddy.com LLC providing cash or vouchers as it failed to consider amendments to Federal Rule of Civil Procedure 23(e)(2), overlooked evidence that the agreement was reached through collusion, failed to properly inform absent class members and miscalculated attorney fees, an 11th Circuit U.S. Court of Appeals panel ruled May 13.
May 14, 2024
Commissions Settlements With 3 Real Estate Franchises Granted Final Approval

KANSAS CITY, Mo. — A federal judge in Missouri issued an order granting final approval of three settlements totaling $208.5 million between home sellers and three of the real estate franchises found by a jury to have conspired to artificially inflate the cost of commissions in residential real estate transactions.
May 14, 2024
Tolling Issues Decided In Subsequent Class Suit Over Jail Strip Searches

DETROIT — A dismissal motion was partially granted in a putative class case accusing a Michigan county and a police officer of carrying out unlawful strip searches after a federal judge in Michigan ruled that a prior class action asserting similar claims that was eventually settled after class certification was reversed did not impact the timeliness of class claims in the present case and tolling as to the individual claims ended when class certification was reversed, not when the case was ultimately dismissed.
May 14, 2024
Las Vegas Hotel Room Price Conspiracy Class Suit Dismissed With Prejudice

LAS VEGAS — A federal judge in Nevada dismissed with prejudice a putative class complaint accusing Las Vegas hotel operators and administrators of using a shared revenue management system “to artificially inflate” hotel room prices since at least January 2019, opining that after being given one opportunity to amend, the two plaintiffs failed to given any indication that they could fix the complaint’s deficiencies.
May 13, 2024
Petition On 9th Circuit ERISA Prohibited Transaction Ruling Draws Amicus Brief

WASHINGTON, D.C. — Filing an amicus curiae brief urging U.S. Supreme Court review of a Ninth Circuit U.S. Court of Appeals decision on the Employee Retirement Income Security Act’s prohibited transaction provision, entities including the ERISA Industry Committee (ERIC) agree with retirement plan fiduciaries that the ruling is problematic and “deepens an existing circuit split.”
May 13, 2024
High Court Won’t Review 5th Circuit ERISA Prohibited Transaction Ruling

WASHINGTON, D.C. — The U.S. Supreme Court on May 13 turned down the first of three recent certiorari petitions concerning prohibited transactions under the Employee Retirement Income Security Act, denying a review request pertaining to a Fifth Circuit U.S. Court of Appeals decision.
May 13, 2024
U.S. High Court Denies Insurer’s Petition Seeking Review Of Remanded Class Action

WASHINGTON, D.C. — The U.S. Supreme Court on May 13 denied an insurer’s petition for a writ of certiorari asking the U.S. Supreme Court to review the Seventh Circuit U.S. Court of Appeals’ finding that a class action challenging its practices fits within the internal affairs and home state controversy exceptions to the Class Action Fairness Act (CAFA).
May 10, 2024
$6M Fracking Securities Deal Gets Final Approval From Ohio Federal Judge

YOUNGSTOWN, Ohio — A federal judge in Ohio on May 9 granted final approval to a $6 million settlement in a securities fraud case pertaining to a hydraulic fracturing company, ruling that the relief that shareholders in the company will receive passes the test for “fairness, reasonableness, and adequacy of the settlement.”
May 10, 2024
Federal Magistrate Judge Dismisses Suit Against CVS For Homeopathic Eye Drops

BUFFALO, N.Y. — A New York magistrate judge recommended that the court grant CVS Pharmacies Inc.’s motion to dismiss a proposed class action alleging violations of New York consumer protection laws in its sale of homeopathic eye drops after determining that a woman failed to state a plausible claim.
May 10, 2024
Wawa Data Breach Settlement Attorney Fees Award Again Appealed To 3rd Circuit

PHILADELPHIA — A class member in the consolidated class action over the 2019 data breach experienced by convenience store chain Wawa Inc. maintained his objection to a twice-approved attorney fees award that accompanied a $9 million class settlement, filing notice that he was again appealing the matter to the Third Circuit U.S. Court of Appeals.
May 10, 2024
9th Circuit Again Revives ERISA Pension Statements Case Against Administrator

SAN FRANCISCO — For a second time, the Ninth Circuit U.S. Court of Appeals on May 9 partly revived a putative class action over pension benefit statements, reversing dismissal of what a panel called “cognizable claims” asserted under part of the Employee Retirement Income Security Act.
May 10, 2024
Air Force, Space Force Members Appeal Dismissal Of Vaccine Mandate Class Case

CINCINNATI — Members of the U.S. Air Force and Space Force who refused to get the COVID-19 vaccine for religious reasons, filed a class complaint challenging the vaccine mandate and were granted a classwide preliminary injunction that was vacated as moot in December by the U.S. Supreme Court filed a notice of appeal after a federal judge in Ohio dismissed their case as moot.