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Mealey's Class Actions

  • November 03, 2025

    New York Federal Judge Grants Dismissal Of ERISA Forfeiture Lawsuit

    NEW YORK — Siding with the majority of courts that have considered dismissal motions in a much-watched wave of Employee Retirement Income Security Act cases, a New York federal judge dismissed a putative class action challenging a common use of forfeited nonvested matching retirement contributions, but the judge said the plaintiffs could amend some claims.

  • November 03, 2025

    Takeda Given More Time To File Certiorari Petition In TPP Class Certification Case

    WASHINGTON, D.C. — The U.S. Supreme Court granted the manufacturer of the diabetes drug Actos more time to file its petition for a writ of certiorari to challenge a Ninth Circuit U.S. Court of Appeals decision that found no error in the certification of a class of national third-party payers (TPPs).

  • November 03, 2025

    Parties In Workers’ Duty-Free Shops Data Breach Case Stipulate To Dismissal

    CENTRAL ISLIP, N.Y. — A federal judge in New York on Oct. 31 dismissed a putative class action by two former employees against the operators of airport duty-free shops after the parties stipulated to dismissal of the individual and class claims without prejudice; the stipulation of dismissal was filed two months after the case was stayed pending mediation.

  • October 31, 2025

    Shareholders Seek Rehearing, Argue 3rd Circuit Improperly Excluded Information

    PHILADELPHIA — Shareholders filed a petition for rehearing or rehearing en banc in the Third Circuit U.S. Court of Appeals after a panel affirmed a lower court’s dismissal of their class action alleging that a real estate investment trust’s (REIT) failure to stop a tenant’s fraud against it made certain statements false or misleading; the shareholders argued that the panel improperly excluded critical information supporting the falsity of the defendants’ due diligence statements.

  • October 31, 2025

    Some Claims Survive Dismissal In Suit Over Disability Policy ‘Age 65’ Language

    PHOENIX — Bad faith, breach of contract and reformation claims survived a dismissal bid in a putative class case over whether certain individual long-term disability (LTD) benefits must be paid through eligible insureds’ 65th birthdays, and an Arizona federal judge allowed limited leave to amend as to claims he dismissed in the Oct. 30 order.

  • October 31, 2025

    Trio Of Dismissal Rulings Issued In Data Breach Snowflake MDL

    BUTTE, Mont. — Less than a week after granting final approval of two class settlements totaling $13.5 million, a federal judge in Montana issued a trio of orders addressing motions to dismiss filed in a multidistrict litigation over data breaches experienced by Snowflake Inc., a data storage firm, that impacted a number of its clients.

  • October 31, 2025

    Non-Fluoridation Class Action Dismissed; Judge Sees No Right To Fluoridated Water

    BUFFALO, N.Y. — A federal judge in New York dismissed without leave to amend a putative class complaint by residents of Buffalo, N.Y., who alleged that the city stopped fluoridating tap water without notice and in violation of the state constitution and various state laws.

  • October 31, 2025

    Fee Award Trimmed In 401(k) Management Suit Resolved By $8.75M Deal

    SAN FRANCISCO — A class settlement including an $8.75 million payment and other relief has been granted final approval in a suit over allegedly imprudent management of a 401(k), with a California federal judge also awarding slightly trimmed attorney fees of $2,179,000.

  • October 30, 2025

    States, Parents Respond To High Court Petitions In Birthright Citizenship Cases

    WASHINGTON, D.C. — Washington and several other states and individuals and parents representing a class of infants and unborn children filed two responses in the U.S. Supreme Court on Oct. 29 to petitions by President Donald J. Trump and other federal government parties seeking a decision on the legality of a January 2025 birthright citizenship executive order (EO); the states argue that the “case fails the Court’s ordinary certiorari criteria” but say they don’t oppose certiorari while the parents do, but add that if review is granted it should be granted in both cases.

  • October 30, 2025

    Senior Living Facilities’ Disability Access Class Settlement Given Final OK

    OAKLAND, Calif. — The for-profit operator of three California senior living facilities accused of failing to make the sites accessible for people with disabilities will bring the interior and exterior common areas into compliance with the 2010 Americans with Disabilities Act Accessibility Standards (ADAS) for accessible design in the next five years as part of a class settlement approved by a federal judge in California.

  • October 29, 2025

    Judge Grants Apple’s Motion To Decertify Class In IPhone App Antitrust Suit

    OAKLAND, Calif. — A California federal judge granted Apple’s motion to decertify the class and to exclude expert testimony in consumers’ suit alleging anticompetitive practices by the tech giant related to apps and in-app purchases (IAPs), finding that the plaintiffs failed to provide a model to accurately calculate damages and that the testimony is not relevant.

  • October 28, 2025

    Judge Approves $138.75M Settlement Between Investors, Mining Company

    NEW YORK — A federal judge in New York granted final approval of a $138.75 million settlement between investors and a mining company and two executives who allegedly violated federal securities laws by making false and misleading statements about the progress of a mine’s construction.

  • October 28, 2025

    New 9th Circuit Test For ERISA Releases Is Focus Of High Court Petition

    WASHINGTON, D.C. — The named plaintiffs in a long-running class action concerning severance benefits on Oct. 27 waived their right to respond to a U.S. Supreme Court petition in which an employer and related entities seek review of a Ninth Circuit U.S. Court of Appeals ruling that they argue “creates a roadmap for plaintiffs to evade” releases of Employee Retirement Income Security Act claims.

  • October 28, 2025

    2 Settlements Totaling $13.5M Approved In Snowflake MDL

    BUTTE, Mont. — A federal judge in Montana issued two orders granting final approval of $3.5 million and $10 million settlements with The Neiman Marcus Group LLC and Advance Auto Parts Inc. and Advance Stores Co. Inc. (together, Advance), respectively, in a multidistrict litigation over data breaches experienced by a data storage firm.

  • October 28, 2025

    Bettor Sues Horse Racing Betting Companies, Alleges Computer-Assisted Scheme

    BROOKLYN, N.Y.  — A former horse racing bettor filed a putative class action suit against horse racing betting companies and certain computer-assisted wagering (CAW) companies, accusing them of participating in a scheme with a group of privileged bettors by using computer technology and algorithms based upon artificial intelligence to “rig” betting pools and divert money away from average bettors.

  • October 28, 2025

    $4.7M Class Deal Reported In Tobacco Surcharge Case That Survived Dismissal

    RICHMOND, Va. — A putative class action that is part of a recent wave of similar Employee Retirement Income Security Act suits over health plan tobacco surcharges would be resolved under a $4.7 million settlement agreement that the plaintiffs told a Virginia federal court the parties have signed.

  • October 28, 2025

    College Asks Justices To Hear Student Loan Class Settlement Intervention Question

    WASHINGTON, D.C. — A for-profit college filed a petition for a writ of certiorari asking the U.S. Supreme Court to decide whether it can be blocked from challenging the final approval of a student loan class settlement based on its inclusion in a settlement exhibit.

  • October 28, 2025

    Speedway’s $12.1M Settlement Approved In Worker’s Finger-Scan Class Case

    CHICAGO — A federal judge in Illinois granted final approval of a more than $12.1 million class settlement by Speedway LLC, ending a worker’s complaint accusing the company of unlawfully collecting, using, storing and disclosing workers’ biometric data.

  • October 27, 2025

    Judge Joins Cases Against Otter.ai Related To Notetaker App Privacy Concerns

    SAN FRANCISCO — A judge in California federal court has consolidated litigation brought by individuals who argue that Otter.ai Inc. does not obtain prior consent of all participants in a virtual meeting before its Notetaker transcription app is engaged to record a conversation, ruling that claims brought by multiple plaintiffs involve substantially similar allegations and claims.

  • October 27, 2025

    7th Circuit Says Experts Did Not Prove Causation, Affirms Summary Judgment

    CHICAGO — The Seventh Circuit U.S. Court of Appeals affirmed summary judgment for Lands’ End Inc. and Lands’ End Outfitters Inc. (together, Lands’ End) in a suit brought by airline employees who alleged that their uniforms caused symptoms such as rashes, headaches and hair loss, finding that none of the employees’ experts proved causation and that the employees also failed to abide by the warranty's terms.

  • October 27, 2025

    Medical Facility Met Burden Of Showing Jurisdiction Exists Under CAFA, Panel Says

    NEW ORLEANS — A medical facility named as a defendant in a class action suit brought by a woman who discovered that one of the facility’s doctors installed cameras in the facility’s restrooms met its burden of showing that federal jurisdiction exists under the Class Action Fairness Act (CAFA) because it presented evidence that the doctor, also named as a defendant, is a citizen of a different state, the Fifth Circuit U.S. Court of Appeals said in reversing and remanding a district court’s ruling.

  • October 24, 2025

    9th Circuit: DAO Partners Too Late For Arbitration Against Token Purchasers

    SAN FRANCISCO — A Ninth Circuit U.S. Court of Appeals panel held that the partners of a decentralized anonymous organization that sold tokens filed too late their motion to compel arbitration in token purchasers’ class action against them for allegedly selling unregistered securities, and even if not, the subject arbitration agreement did not allow nonsignatories to the agreement to compel arbitration.

  • October 23, 2025

    Woman Says Glucose Monitoring Devices Were Defective, Seeks To Represent Class

    LOS ANGELES — Dexcom Inc. misled users of its glucose monitoring systems by representing the device to be safe and accurate while it knew that the devices were defective and prone to dangerous alert failures, a woman alleges in a putative class action complaint filed in a California federal court.

  • October 23, 2025

    Consumer Files VPPA Petition As High Court Justices Mull Earlier VPPA Petitions

    WASHINGTON, D.C. — A California man filed a petition for a writ of certiorari in the U.S. Supreme Court asking the justices to decide the definition of “goods or services from a video tape service provider” in the Video Privacy Protection Act (VPPA) in a class case he filed against Paramount Global, doing business as 247Sports, over the release of his video viewing history to Facebook; the petition was filed as the justices continue to consider two other VPPA-related petitions, one of which was filed by the National Basketball Association (NBA) in a case brought by the same individual over a similar release of information to Facebook.

  • October 22, 2025

    Bank Of Canton’s $300,000 Settlement Approved In MOVEit Data Breach MDL

    BOSTON — A federal judge in Massachusetts on Oct. 21 granted final approval to a $300,000 class settlement to be paid by The Bank of Canton, ending claims against it related to a security incident due in part to a vulnerability in the MOVEit Transfer application; the settlement is one of several reached in the multidistrict litigation over a 2023 ransomware attack that affected users of the MOVEit file-transfer app.