Mealey's Class Actions
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June 30, 2025
Class Suit Alleging Defective Braking Systems In Ferraris Voluntarily Dismissed
NEWARK, N.J. — Consumers who brought a putative class complaint in a federal court in New Jersey alleging that certain Ferrari North America Inc. vehicles had defective braking systems filed a voluntary notice dismissing with prejudice claims against Ferrari and the braking system maker.
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June 30, 2025
Through Criticism, Defendants Win ERISA Proprietary Funds Row After Bench Trial
BOSTON — A Massachusetts federal judge who conducted a 10-day bench trial found in favor of defendants in the Employee Retirement Income Security Act suit challenging the selection and retention of proprietary funds, saying in part that the class “cannot tie any specific decision to the Committee’s process failures, with one exception” — and failed to show that the exception caused any loss.
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June 30, 2025
High Court Seeks Input On ERISA Ruling Concerning Meaningful Benchmarks
WASHINGTON, D.C. — The U.S. Supreme Court in a June 30 orders list invited the U.S. solicitor general to provide the federal government’s perspective on a petition to review a Sixth Circuit U.S. Court of Appeals 2-1 revival of a putative class action over a passively managed Northern Trust Focus Funds suite of target date funds (TDFs); the decision concerns the role benchmarks play in pleading Employee Retirement Income Security Act claims.
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June 27, 2025
Split U.S. High Court: Universal Injunctions ‘Likely Exceed’ Courts’ Authority
WASHINGTON, D.C. — Nationwide or universal injunctions “likely exceed the equitable authority that Congress has granted to federal courts,” a majority of the U.S. Supreme Court ruled June 27, partially staying nationwide injunctions issued in three cases challenging President Donald J. Trump’s Jan. 20 birthright citizenship executive order (EO),
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June 26, 2025
Insurer Was Not Contractually Bound To Provide COVID-19 Premium Relief, Judge Says
SAN DIEGO — A California federal judge on June 25 granted an auto insurer’s motion for summary judgment on a claim alleging that the insurer breached the implied covenant of good faith and fair dealing by not sufficiently refunding policyholders a percentage of premium payments made during the COVID-19 pandemic because the insurer was not contractually bound to refund any premiums under its auto policies.
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June 26, 2025
Shareholder Sues Hims After Partnership That Allowed Compounded Semaglutide Ends
SAN FRANCISCO — Hims & Hers Health Inc., a telehealth company that touted a collaboration with Novo Nordisk Inc. that would allow it to sell compounded semaglutide products, was hit with a securities fraud class action on June 25 by a shareholder who alleges that the stock value plummeted when Novo Nordisk ended the partnership.
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June 26, 2025
Florida Solid Waste Company Will Pay $1.4M To Settle Racial Discrimination Suit
JACKSONVILLE, Fla. — A Florida solid waste and recycling company on June 25 agreed to pay a class of Black and Haitian-American employees $1.4 million and implement several equal employment opportunity policies and practices stemming from allegations of racial discrimination over a course of nearly three years.
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June 26, 2025
Former Player’s NCAA Class Suit Over Scholarship Limits Voluntarily Dismissed
DENVER — A federal judge in Colorado dismissed without prejudice a former college baseball player’s putative class complaint that alleged that the National Collegiate Athletic Association (NCAA) bylaw limiting the number of baseball and other sports scholarships a school may offer constitutes “wage fixing” and violates the Sherman Act; the dismissal was pursuant to a notice of voluntary dismissal filed by the plaintiff.
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June 26, 2025
$45 Million Settlement Of Suits Over MGM Data Breaches Gets Final Approval
LAS VEGAS — A $45 million settlement of a consolidated class action against MGM Resorts International over two data breach incidents that provides for payments of up to $15,000 in documented losses for class members was declared “fundamentally fair, reasonable, adequate, and in the best interests of the Settlement Class” by a Nevada federal judge, as she granted final approval to the agreement.
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June 26, 2025
Nissan Asks U.S. High Court To Decide When Class Members Must Show Standing
WASHINGTON, D.C. — The U.S. Supreme Court should decide a question left open in TransUnion LLC v. Ramirez regarding when class members must show standing, whether it’s before certification or only after they seek to recover damages, Nissan North America Inc. argues in its petition for a writ of certiorari, which also asks the justices to determine whether a Federal Rule of Civil Procedure 23(b)(3) class may still be certified if “no one in the class has suffered or will suffer an Article III [of the U.S. Constitution] injury.”
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June 25, 2025
Widower Can Replace Dead Wife In Google Gift Card Scam Suit, Judge Says
SAN JOSE, Calif. — A California federal judge granted a dead plaintiff’s widower’s motion for leave to substitute himself as plaintiff, add new plaintiffs and amend the dead wife’s putative class action against Google LLC and affiliates for violating California’s unfair competition law (UCL) by failing to protect customers from Google Play gift card scammers.
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June 25, 2025
Final Approval Given To Settlement Between Investors, Startup Over Stock Drop
LOS ANGELES — A federal judge in California gave final approval to a $7.25 million settlement between an electric vehicle startup, its predecessor and its CEO and investors who alleged that the companies provided false or misleading statements regarding a reverse merger that led the startup’s stock price to be artificially inflated.
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June 25, 2025
Judge Issues Final Approval Order For $69M Settlement Of Target Date Funds Case
MINNEAPOLIS — A Minnesota federal judge on June 24 entered final approval and awards orders in a case concluded by a $69 million deal that the class representative called “the largest-ever ERISA settlement alleging breach of fiduciary duty for failure to remove underperforming investment options.”
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June 25, 2025
2nd Circuit Affirms Dismissal Of NFL Videos VPPA Class Lawsuit
NEW YORK — The Second Circuit U.S. Court of Appeals affirmed a trial court’s dismissal of a putative class complaint accusing the National Football League (NFL) of violating the Video Privacy Protection Act (VPPA) by sharing personal data about users of the NFL’s website, mobile application and video service with a third party, citing Solomon v. Flipps Media, Inc. as “‘binding and dispositive.’”
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June 24, 2025
Plaintiffs In Shrinking Crocs Suit Can Amend Claims, Judge Says
SAN FRANCISCO — A California federal judge granted in part and denied in part Crocs Inc.’s motion to dismiss a putative class action accusing it of misrepresenting its Crocs-brand shoes as resistant to weather, finding that the claims were sufficiently pleaded in part and that the court’s denial of class certification in a separate suit involving similar claims against Crocs does not bar the present plaintiffs from seeking certification.
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June 24, 2025
Government Asks U.S. High Court To Clarify Stay Order In Noncitizen Removal Case
WASHINGTON, D.C. — The federal government filed a motion June 24 in the U.S. Supreme Court seeking clarification of a June 23 stay order in a case by a class of noncitizens who are challenging a policy or practice by the federal government of removing members of the class to a country other than the initial or alternative countries identified in immigration proceedings without first providing an opportunity for them to apply for protection from removal; the motion states that hours after the June 23 order, a federal judge in Massachusetts “issued an order asserting that its related ruling enforcing that injunction ‘remains in full force and effect,’ ‘notwithstanding todays [sic] stay of the Preliminary Injunction.’”
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June 24, 2025
2 AT&T Data Breach MDLs Preliminarily Settle For Total Of $177 Million
DALLAS — A Texas federal judge granted preliminary approval to two settlement funds, totaling $177 million, to resolve multidistrict litigations in Texas and Montana related to two data security incidents experienced by AT&T Inc.
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June 24, 2025
Split U.S. High Court Stays Injunction In Third-Country Noncitizen Removal Case
WASHINGTON, D.C. — A majority of the U.S. Supreme Court on June 23 stayed a preliminary injunction issued by a federal judge in Massachusetts in a case by a class of noncitizens who are challenging a policy or practice by the federal government removing members of the class to a country other than the initial or alternative countries identified in immigration proceedings without first providing an opportunity for them to apply for protection from removal.
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June 23, 2025
9th Circuit Orders Briefs On Skrmetti In Appeal Of Ruling That TPA Discriminated
PASADENA, Calif. — The same day the U.S. Supreme Court issued its ruling in United States v. Skrmetti, the Ninth Circuit U.S. Court of Appeals ordered supplemental briefing in an appeal where a third-party administrator (TPA) seeks reversal of a ruling that it violated the Patient Protection and Affordable Care Act (ACA)’s discrimination provision by administering exclusions of gender-affirming care; the parties are to address “how, if at all, this case is affected” by Skrmetti.
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June 23, 2025
After Claims Of Info Sharing For Class Actions, OIG To Look At DOL Practices
WASHINGTON, D.C. — Plans have been revealed for an Office of Inspector General (OIG) audit of “how the U.S. Department of Labor [DOL] has shared investigative information with non-governmental entities involved in class action litigation and the extent of any related controls.”
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June 23, 2025
High Court Development Is Flagged In Challenge To Class Certification In TDF Row
RICHMOND, Va. — Filing a notice of supplemental authority in the interlocutory appeal, an employer that was sued over the decision to offer BlackRock LifePath Index target date funds (TDFs) in its retirement plan told the Fourth Circuit U.S. Court of Appeals that a recent U.S. Supreme Court development means that Alig v. Shea “remains controlling and requires reversal of” the certification of a mandatory class.
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June 23, 2025
Initial Approval Given To Settlement Of Data Breach Suit Against Health Care Firm
BALTIMORE — Extending an existing stay on discovery and other proceedings in a consolidated lawsuit over a health care provider’s 2023 data breach, a Maryland federal judge granted the plaintiffs’ motion for preliminary approval of a $1.35 million settlement of negligence, contractual and other claims against the firm.
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June 20, 2025
Split U.S. Supreme Court: Hobbs Act Doesn’t Require Agency Deference In Fax Case
WASHINGTON, D.C. — Federal district courts are not bound under the Hobbs Act to the Federal Communications Commission’s interpretation of what constitutes faxes prohibited by the Telephone Consumer Protection Act (TCPA), a divided U.S. Supreme Court ruled June 20.
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June 19, 2025
Louisiana Majority Affirms Certification Of Class Action Prompted By Hurricane Ida
GRETNA, La. — A majority of a Louisiana appeals court panel on June 18 affirmed a lower court’s judgment certifying a class action lawsuit arising from Hurricane Ida property damage and remanded for further proceedings, finding that the plaintiffs have satisfied the class certification requirements under Louisiana Code of Civil Procedure Article 591(A)(1).
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June 19, 2025
$7.5 Million Settlement Of Digital Pharmacy Data Breach Class Action Approved
OAKLAND, Calif. — Almost seven months after preliminarily approving a $7.5 million settlement of a class action over a 2023 data breach experienced by PostMeds Inc., a California federal judge made his approval final, granting a motion by the plaintiffs in the consolidated lawsuit, while also giving his thumbs up to requests for attorney fees, costs and service awards.