Mealey's Class Actions
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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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.
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October 22, 2025
Judge Approves $600,000 Pharmacy Data Breach Class Settlement
TACOMA, Wash. — A federal judge in Washington granted final approval to a $600,000 settlement in a data breach case involving a pharmacy and found the $198,000 request for attorney fees reasonable.
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October 22, 2025
U.S. Marshal Appeals After Reconsideration Of Stay Denied In Race Bias Class Suit
WASHINGTON, D.C. — A former deputy U.S. marshal who has spent more than three decades litigating alleged racial discrimination filed a notice of appeal after a federal judge in the District of Columbia declined to reconsider a stay of the putative class case pending resolution of appeals challenging a 2023 settlement between the Equal Employment Opportunity Commission and the U.S. Marshals Service (USMS).
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October 21, 2025
Weichert’s 2nd Attempt To Enjoin Commissions Litigation Pending Settlement Denied
ATLANTA — A federal judge in Georgia denied Weichert of North America Inc.’s request to enjoin settlement class members from proceeding with parallel litigation in a federal court in Missouri pending final approval of Weichert’s $8.5 million settlement in a class case by home sellers who accuse the National Association of Realtors (NAR) and real estate franchises of conspiring to artificially inflate the cost of commissions in residential real estate transactions.
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October 21, 2025
$1.9M Settlement Approved In Class Action Over Medical Patient Data Breach
CLARKSVILLE, Ark. — An Arkansas judge granted final approval of a $1.9 million class settlement resolving claims that a health system failed to adequately protect patient information compromised in a March 2024 cybersecurity breach and awarded $665,000 in attorney fees and $22,055.26 in expenses to class counsel and $2,500 service awards for each of the 11 named plaintiffs.
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October 20, 2025
Air, Space Force Members Seek U.S. Supreme Court Consideration Of Vaccine Case
WASHINGTON, D.C. — Members of the U.S. Air Force and Space Force who refused to get the COVID-19 vaccine for religious reasons filed a petition for a writ of certiorari in the U.S. Supreme Court asking the justices to decide whether the Religious Freedom Restoration Act (RFRA) allows for reinstatement to include back pay and retirement points.
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October 20, 2025
3rd Circuit: ‘Corporate Trauma,’ Negligence Don’t Constitute Securities Fraud
PHILADELPHIA — A panel of the Third Circuit U.S. Court of Appeals affirmed a lower court’s dismissal of shareholders’ class complaint 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 panel found that most of the challenged statements were opinions that, while “ill-advised,” were not fraudulent.
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October 17, 2025
Change Of Plans In Former Twitter Workers’ Severance Case Sparks Intervention Bid
SAN FRANCISCO — On Oct. 16 — just under two months after the Ninth Circuit U.S. Court of Appeals agreed to postpone oral argument based on the parties’ report of an unspecified “imminent class-wide settlement agreement” in former Twitter Inc. employees’ effort to revive their putative class action for more than $500 million in severance benefits — two former employees moved to intervene as of right on the grounds that the two named plaintiffs now intend only “to proceed with individual claims on an individual basis.”
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October 17, 2025
2 Named Plaintiffs Have Standing To Pursue Claims Stemming From Data Breach
RICHMOND, Va. — Two of four named plaintiffs in a consolidated class action stemming from a data breach incident have standing to pursue their claims against the insurance companies whose network was hacked because their allegation that their driver's license numbers were posted on the dark web after the breach constitutes a concrete injury, the Fourth Circuit U.S. Court of Appeals said in partially reversing a district court’s opinion dismissing the case.
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October 16, 2025
On Remand, ERISA Prohibited Transaction Case Is Sent Back To District Court
NEW YORK — Nearly half a year after the U.S. Supreme Court reversed the Second Circuit U.S. Court of Appeals on the question of what is necessary to state an Employee Retirement Income Security Act prohibited transaction claim involving a service provider, the appeals court on Oct. 15 issued two one-paragraph orders — one recalling the mandate and reinstating the case, then one remanding the case to a New York federal court.
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October 16, 2025
Pennsylvania Federal Judge Gives Final OK To $450K Collective, Class Wage Settlement
PHILADELPHIA — A federal judge in Pennsylvania on Oct. 15 granted final approval of a $450,000 settlement that resolves production workers’ claims that a manufacturer and seller of coffee and related products violated federal and state wage laws by failing to pay hourly workers for all hours worked, including failing to compensate for pre- and postshift work and miscalculating the regular rate of pay for overtime.
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October 16, 2025
Motion To Compel Discovery Partly Granted In Software Data Sharing Class Dispute
MINNEAPOLIS — A Minnesota federal magistrate judge on Oct. 15 granted in part a motion to compel discovery for production of documents and responses to interrogatories by a health care provider in a putative class suit filed by former and current patients alleging that the provider collected and shared patient medical data with third parties through use of pixel software developed by Meta Platform Inc., finding that the request for production related to social media use is “relevant to” the claims of the patients and the provider’s defenses.
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October 16, 2025
Dismissal Denied In Class Suit Against Sirius Alleging ‘Deceptive Pricing Scheme’
PORTLAND, Ore. — An Oregon federal judge denied dismissal to Sirius XM Radio LLC in a putative class action alleging that Sirius XM was “deceptive” in falsely advertising its music streaming plans at prices lower than what it actually charged subscribers, finding that the allegations in the complaint are sufficient at this point in the litigation.
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October 16, 2025
Majority Of 11th Circuit Panel Criticizes Exhaustion Precedent But Applies It
ATLANTA — After applying a 40-year-old circuit precedent in a unanimous Oct. 15 panel ruling affirming dismissal of an employee stock ownership plan (ESOP) valuation case but remanding for clarification on “whether prejudice attaches,” two panel members suggested that the 11th Circuit U.S. Court of Appeals convene en banc “to consider overruling” that precedent, which they said “imposed a judicially-created and atextual administrative exhaustion requirement for fiduciary-breach and statutory claims under” the Employee Retirement Income Security Act.
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October 16, 2025
Judge Finalizes $50,000 Sanction For Disclosures To U.S. Labor Department
OAKLAND, Calif. — Noting that the parties in a recently certified class action over alleged underpayment for out-of-network behavioral health treatment decided not to request oral argument after considering her tentative sanctions ruling, a California federal judge on Oct. 15 finalized an order for a law firm representing the plaintiffs to pay $50,000 for disclosures to the U.S. Department of Labor (DOL) that she found constituted “a knowing and intentional breach of” a stipulated protective order.
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October 15, 2025
Judge: Failure To Disclose Executives’ Misconduct Doesn’t Make Statements False
CAMDEN, N.J. — A federal judge in New Jersey dismissed investors’ class action complaint alleging a drug design company, its former CEO and former chairman of the board violated federal securities laws by not disclosing the former CEO’s and chairman’s misconduct in public filings about the company’s code of conduct and its fostering of an inclusive workplace, finding that most of the challenged statements were inactionable puffery and that the company’s failure to disclose the misconduct did not render the statements misleading.
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October 15, 2025
High Court Won’t Hear Life Insurance Beneficiary’s Certifying Questions Appeal
WASHINGTON, D.C. — The U.S. Supreme Court on Oct. 14 denied a petition for a writ of certiorari filed by a life insurance policy beneficiary who brought a putative class complaint against the insurer and presented to the high court two questions regarding certifying state law issues to state high courts.