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

Mealey's Class Actions

July 31, 2025
Appeal Dismissed After Indicative Class Ruling In Birthright Citizenship Case

RICHMOND, Va. — The Fourth Circuit U.S. Court of Appeals ruled that dismissal of an appeal by the federal government rather than a limited remand was appropriate in a case challenging the January executive order (EO) that purportedly ends birthright citizenship following a federal judge’s indicative ruling that classwide preliminary injunctive relief would be issued should the appellate court return the case.
July 30, 2025
Judge Certifies AI Class; Plaintiffs Say No Reason For Immediate Fair Use Appeal

SAN FRANCISCO — After a judge certified a class in an artificial intelligence copyright suit, the plaintiffs pushed back on Anthropic PBC’s request for immediate appeal of a fair use ruling, saying an interlocutory appeal will prevent the company from having to go to trial.
July 30, 2025
Reconsideration Denied In Putative Class Suit Over PFAS In Costco Baby Wipes

SAN FRANCISCO — A California federal judge on July 29 denied Costco Wholesale Corp.’s motion for reconsideration of a ruling denying its motion to dismiss a putative class action alleging that Costco’s Kirkland Signature Baby Wipes contain unsafe levels of per- and polyfluoroalkyl substances (PFAS), writing that Costco failed to show a “change of law” that would merit reconsideration.
July 30, 2025
College Tennis Player Class Certified In Suit Challenging NCAA Prize Money Rules

WINSTON-SALEM, N.C. — A federal judge in North Carolina denied motions to exclude opinions from two experts and certified a class of college tennis players challenging the National Collegiate Athletic Association’s rules that limit the amount of prize money Division I players can accept when they win noncollegiate tennis tournaments.
July 30, 2025
Biometrics Claim Over Eufy Security Products Sufficiently Pleaded, Judge Rules

CHICAGO — A year and a half after she partly dismissed a claim against the manufacturer of “eufy” security cameras under Illinois’ Biometric Information Privacy Act (BIPA), an Illinois federal judge denied the defendant’s attempt to fully dispose of the claim, finding that the plaintiffs adequately alleged that the purported misuse of their biometric identifiers occurred in Illinois.
July 30, 2025
Putative Class Suit Alleging ‘Huggies’ Baby Wipes Contain PFAS Dismissed By Judge

SAN FRANCISCO — A California federal judge dismissed a putative class action against the maker of “Huggies” baby wipes for failing to disclose that the product contains per- and polyfluoroalkyl substances (PFAS), writing that the plaintiffs did not allege that the amount of PFAS found in the product by independent testing renders the wipes defective, dangerous or toxic.
July 30, 2025
Driver AI Surveillance Data Collection Class Suit Settled With Lytx For $4.25M

EAST ST. LOUIS, Ill. — A $4.25 million class settlement between a class of drivers and a technology company was granted final approval by a federal judge in Illinois ending a lawsuit that accused a transportation company and a machine vision and artificial technology company of collecting and holding truck drivers’ biometric data when scanning their faces via a camera that employs artificial intelligence to monitor drivers in violation of the Illinois Biometric Information Privacy Act (BIPA); the transportation company previously paid a settlement of $56,800 for the benefit of 71 settlement class members.
July 30, 2025
Part Of ERISA Putative Class Action Over Tobacco Surcharge Survives Dismissal

ST. PAUL, Minn. — As the number of recent cases challenging health plans’ so-called tobacco surcharges continues to grow, a Minnesota federal judge on July 29 ruled that one of three claims in a putative class action over such surcharges survives dismissal “to the extent that it is premised on the failure to notify Plan participants that recommendations of an individual’s personal physician will be accommodated.”
July 30, 2025
Preliminary Injunction Issued In Case Challenging Closure Of DOL Job Corps Centers

WASHINGTON, D.C. — The closure of 99 Job Corps centers by the U.S. Department of Labor (DOL) was halted by a federal judge in the District of Columbia who granted a motion for preliminary injunction filed by Job Corps center students who filed a putative class complaint under the Administrative Procedure Act (APA) and called the shutdowns “unprecedented” and “inconsistent with its historic ‘standard of practice.’”
July 30, 2025
Truck Drivers’ BIPA Claims Over In-Cab Cameras Partly Remanded

CHICAGO — Two truckers’ claims against their former employer under the Illinois Biometric Information Privacy Act (BIPA) were partly remanded for lack of jurisdiction under Article III of the U.S. Constitution, with an Illinois federal judge retaining jurisdiction over part of the claims while denying the trucking company’s motion to dismiss.
July 29, 2025
1 Emergency Injunction Motion Partially Denied In Canceled Grants Class Suit

WASHINGTON, D.C. — An emergency motion for an injunction pending appeal filed by five justice-related nonprofit organizations after a federal judge dismissed their putative class complaint against the U.S. Department of Justice and related officials for canceling, without notice or explanation, more than 370 agreements and contracts with private organizations worth more than $820 million was partially denied by a federal judge in the District of Columbia; meanwhile, a second motion by the nonprofits seeking the same relief is still pending in the District of Columbia Circuit U.S. Court of Appeals.
July 29, 2025
Tow Truck Driver, Employer Stipulate To Dismissal Of Wage-And-Hour Class Suit

CENTRAL ISLIP, N.Y. — A tow truck driver and the employer he accused of violating New York Labor Law by failing to pay timely wages and unlawfully deducting wages stipulated to dismissal of the putative class complaint in a federal court in New York with prejudice following an undisclosed settlement.
July 28, 2025
‘Sensitive Skin’ Mislabeling Class Action Was Properly Certified, 9th Circuit Says

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on July 25 affirmed a court’s certification of a class action against Johnson & Johnson Consumer Inc. (J&J) for allegedly misrepresenting the benefits of a sensitive skin care product in violation of California’s unfair competition law (UCL) and other laws, finding that the lower court properly certified the class based on the plaintiff’s damages expert and the likelihood of making classwide liability findings.
July 28, 2025
5th Circuit ERISA Appeal Involving Promise Not To Sue Is Dropped

NEW ORLEANS — The Fifth Circuit U.S. Court of Appeals on July 25 granted a former retirement plan participant’s motion to voluntarily dismiss his challenge to a ruling that he lacks standing to bring a putative class action because he signed a promise not to sue that applies to his Employee Retirement Income Security Act claims.
July 28, 2025
7 Suits Over University’s Data Breach Consolidated In Tennessee Federal Court

CHATTANOOGA, Tenn. — Seven separately filed putative class actions against a college that was hit by a data breach were consolidated by a Tennessee federal judge who granted the plaintiffs’ motion to that end, with the judge holding that maintaining separate suits “would pose unnecessary cost and delay,” while consolidation “will help ensure consistent and efficient adjudications.”
July 28, 2025
Judge Trims Claims In Suit Over Mortgage Company’s Ransomware Incident

DALLAS — A consolidated putative class action over a 2023 data breach and ransomware attack experienced by Mr. Cooper Group Inc. will proceed with fewer claims after a Texas federal judge partly granted the firm’s motion to dismiss, disposing of contractual and privacy claims.
July 28, 2025
Judge Gives Final Approval To $3.57M Similasan Eye Product Class Settlement

DENVER — A federal judge in Colorado has granted final approval to a $3.57 million settlement between the maker of nonprescription health care products and plaintiffs who claim that it sold products without approval from U.S. Food and Drug Administration, noting that nearly 100,000 claim forms have been filed.
July 25, 2025
10th Circuit Asked To Reverse Dismissal Of Donation Misuse MDL Against Mormon Church

DENVER — Donors have asked 10th Circuit U.S. Court of Appeals to reverse a trial court’s dismissal of a consolidated multidistrict litigation accusing the Church of Jesus Christ of Latter-Day Saints of misusing donations, arguing that the lower court erred in finding that their claims were time-barred.
July 25, 2025
9th Circuit Affirms Dismissal Of Class Suit Alleging Wrongful Adjustment Denial

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals affirmed a district court’s order dismissing a woman’s putative class suit alleging that the U.S. Citizenship and Immigration Services (USCIS) wrongfully denied her application for adjustment of status of her U visa, finding that pursuant to federal law, a district court lacks jurisdiction to review the denial of adjustment of status.
July 24, 2025
$5.9M Settlement Of Class Action Against Former ESOP Trustee Gets Final OK

CHICAGO — An Illinois federal judge granted final approval to a $5.9 million class settlement resolving an Employee Retirement Income Security Act against the former trustee of an employee stock ownership plan (ESOP); according to the named plaintiff, the net settlement averages more than $2,000 per class member.
July 24, 2025
9th Circuit Affirms Dismissal Of Breach Of Contract Suit Against Apple Over Cloud

SAN FRANCISCO — The Ninth Circuit U.S. Court of Appeals on July 23 affirmed a lower court’s order dismissing a woman’s putative class action suit against Apple Inc., alleging breach of contract and violations of California consumer protection laws for Apple’s purported deceptive representations regarding its iCloud data storage, finding that the woman failed to show that Apple’s statements would deceive a reasonable consumer and that she failed to allege breach of contract.
July 24, 2025
D.C. Circuit Dismisses Class Certification Appeal, Finds Individual Claim Moot

WASHINGTON, D.C. — The District of Columbia Circuit U.S. Court of Appeals dismissed for lack of jurisdiction a plaintiff’s appeal of the dismissal of her putative class action against the FBI and affirmed the dismissal of her individual claim against the bureau as moot as the bureau returned the $40,200 at issue in her forfeiture complaint.
July 23, 2025
Class Suit Alleges U.S. Immigration Policies, Court Arrests Flout Federal Law

WASHINGTON, D.C. — Policies that authorize courthouse arrests, permit the dismissal of removal proceedings without notice and expand removal requisites violate federal law, a dozen noncitizens and two organizations allege in a putative class complaint filed in a federal court in the District of Columbia against federal agencies that oversee immigration proceedings.
July 23, 2025
VPPA Suit Against Stock Video Site Dismissed For Failure To State A Claim

NEW YORK — Although two plaintiffs alleged that a video-viewing website shared their viewing information with Meta Platforms Inc. via its pixel tracking tool, a New York federal judge found that they did not establish that the website shared any personal information that would permit an “ordinary person” to identify them from this viewing data, granting the site operator’s motion to dismiss for failure to state a claim.
July 23, 2025
$27.5M Settlement Approved, Ending Shareholders’ Suit Over Pharmaceutical Merger

SAN FRANCISCO — A federal judge in California granted final approval to a $27.5 million settlement among a pharmaceutical company, its former chief executive and shareholders who alleged that the company entered into a merger and sale to its largest shareholder significantly lower than its fair value, in violation of federal securities law.