102 results for 'cat:"Class Action" AND cat:"Contract"'.
J. McShane grants the customers' motion for class certification for their complaint alleging that the aerospace company scrapped its plan to sell E1000 planes in violation of customer reservation and deposit agreements. The customers meet the numerosity requirement for class certification because they are located in over 20 states and countries, with none living in Oregon, and the class action meets the superiority requirement because none of the customers filed a related or competing lawsuit.
Court: USDC Oregon, Judge: McShane, Filed On: May 10, 2024, Case #: 6:21cv1199, NOS: Other Contract - Contract, Categories: class Action, contract
J. Rossman vacates in part an award of attorney fees in an underlying class action over underpaid oil and gas royalties. The class in question did not get proper notice of the original 2018 motion for attorney fees, so fees related to that are vacated until a class-wide notice has been released and a new objection period to the fees can begin. Vacated in part.
Court: 10th Circuit, Judge: Rossman, Filed On: May 1, 2024, Case #: 22-6125, Categories: Attorney Fees, class Action, contract
J. Cogburn denies a hotel corporation’s partial motion to dismiss allegations of breach of contract brought by a class of guests. The guests claim they were placed on a “Do Not Rent” list after they complained about room conditions, but were not made aware of this fact. So, when they went to make reservations within the same hotel franchise again, they were allowed to make non-refundable payments in advance but then barred from staying in the rooms they’d paid for. The franchises refused refunds, saying they were invalid. The guests are correct that the corporation is responsible for its employees, including those of its franchises, so they may proceed.
Court: USDC Western District of North Carolina, Judge: Cogburn, Filed On: April 26, 2024, Case #: 3:22cv663, NOS: Other Contract - Contract, Categories: Corporations, class Action, contract
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J. Kleeh certifies as class action the Harrison County homeowner's complaint accusing her mortgage loan service provider of unfair debt collection practices under the West Virginia Consumer Credit and Protection Act. The proposed class of borrowers meets the requirements of numerosity, commonality, typicality and adequacy of representation for certification under Rule 23(b)(3).
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 29, 2024, Case #: 1:21cv122, NOS: Other Contract - Contract, Categories: Banking / Lending, class Action, contract
J. Bell denies a class of family members of those buried at one of the largest cemeteries for Black Americans its motion for certification in this suit alleging shocking treatment of human remains and desecration of graves, among others. The class, consisting of 10 people, has failed to specifically identify any other members of the thousands they believe to have been harmed by the owners of the cemetery. Thus, the suit is no longer a federal matter and is remanded to the superior court of the relevant county.
Court: USDC Western District of North Carolina, Judge: Bell, Filed On: March 28, 2024, Case #: 3:23cv217, NOS: Other Contract - Contract, Categories: Fiduciary Duty, class Action, contract
J. Kleeh partially dismissed a class action between a family partnership that owns mineral royalty interests and the operator of some of those oil and gas estates. Two of the family partnership’s counts are dismissed because the portions of state law they reference do not create a cause of action, and two other counts are barred by the “Gist of the Action” doctrine. The class allegations are sufficiently argued, as are the claims for attorney fees and punitive damages, so they survive the motion to dismiss.
Court: USDC Northern District of West Virginia, Judge: Kleeh, Filed On: March 26, 2024, Case #: 1:22cv1, NOS: Other Contract - Contract, Categories: Energy, class Action, contract
J. Cain grants the bank's motion for summary judgment on the breach of contract claim. The putative customer class alleges the bank improperly imposed fees for electronic bank transactions. The regional bank maintains locations only in Michigan and Ohio, and South Carolina's Door Closing Statute preventing the named individual from representing out-of-state plaintiffs precludes certification of the putative classes.
Court: USDC South Carolina Aiken, Judge: Cain , Filed On: March 26, 2024, Case #: 7:20cv1948, NOS: Other Contract - Contract, Categories: Banking / Lending, class Action, contract
J. Lobrano finds that the district court should not have dismissed a class of tenants' claims against resident management corporations arising out of mold exposure in public housing developments. In this case, the resident management corporations were obligated to the tenants as third party beneficiaries under the Resident Management Agreements to maintain their apartments in a safe living condition, including a mold-free environment. Under Williams, the tenants were not only incidental beneficiaries of the agreements entered into between the Housing Authority and the resident management corporations, but were also third party beneficiaries of the agreements. Reversed.
Court: Louisiana Court Of Appeal, Judge: Lobrano , Filed On: March 21, 2024, Case #: 2023-CA-0214, Categories: class Action, contract
J. Chhabria grants final approval of a $6 million settlement that will bring an end to a class action against Tesla from consumers who say they were forced to pay more to maintain their solar roof products after they were installed. The settlement is fair, as each class member's recovery will be determined pro rata in proportion to their individual losses at issue. Class counsel is entitled to $1.5 million in fees, equivalent to 24.7% of the settlement fund.
Court: USDC Northern District of California, Judge: Chhabria, Filed On: March 8, 2024, Case #: 3:21cv3577, NOS: Other Contract - Contract, Categories: Settlements, class Action, contract
J. Casper denies three insurance companies’ motion to dismiss the first amended complaint for breach of contract brought by insureds suing in a class action. Depreciation doesn’t necessarily include labor costs in an insurance policy that doesn’t expressly say that it does, because to assume otherwise wouldn’t interpret insurance policies liberally in favor of the insured.
Court: USDC Massachusetts, Judge: Casper, Filed On: March 8, 2024, Case #: 1:21cv11047, NOS: Insurance - Contract, Categories: Insurance, class Action, contract
J. Brnovich denies a proposed class of insureds motion for class certification concerning contract claims against an insurance company, which may have engaged in undervaluing insureds' loss vehicles. The insurance company sufficiently showed in court that the proposed class would have to resolve individual, labor intensive questions as to who was wrongfully denied coverage.
Court: USDC Arizona, Judge: Brnovich, Filed On: March 4, 2024, Case #: 2:22cv342, NOS: Insurance - Contract, Categories: Insurance, class Action, contract
J. Brown denies the consumers' motion for class certification in a beach of contract action arising from the companies' failure to replace appliances after the appliances required more than three repairs under an extended service plan in one year. The consumers fail to identify a clear set of common issues and fail to show that their common issues predominate over individual issues raised by the variation in the companies' no-lemon guarantees. The consumers' motion to seal the class certification brief and supporting exhibits is denied and an earlier order requiring the companies to produce class discovery sought by the consumers is vacated.
Court: USDC Northern District of Georgia, Judge: Brown, Filed On: February 29, 2024, Case #: 4:22cv91, NOS: Other Contract - Contract, Categories: class Action, contract
J. Brann allows student’s class claim against Bucknell University for holding remote classes, rather than in-person schooling, during the Covid-19 pandemic. The college retained the student’s full tuition paid for in-person learning and it was not clear a reasonable opportunity was provided for the student to reject the change and be reimbursed.
Court: USDC Middle District of Pennsylvania, Judge: Brann, Filed On: February 23, 2024, Case #: 4:23cv1907, NOS: Other Contract - Contract, Categories: Education, class Action, contract
[Consolidated.] J. Whitehead grants the customer's motion to appoint interim class counsel for her claim that Amazon charged its customers for their returned items in violation of its own refund terms and exchange policies. The law firms Terrell Marshall Law Group, George Feldman McDonald, Quinn Emanuel Urquhart & Sullivan and Zigler Law Group will become the interim co-lead counsel, because all of them have extensive experience with consumer class actions, including against Amazon, and there is no suggestion that either team would not devote all necessary resources to fully pursue this case on behalf of their clients.
Court: USDC Western District of Washington, Judge: Whitehead, Filed On: February 22, 2024, Case #: 2:23cv1372, NOS: Other Contract - Contract, Categories: class Action, contract
J. Coughenour grants the employee summary judgment on the categorization of the Achievement Based Compensation plan of her class action accusing Xerox of not paying the employee's overtime wages. Xerox disputing the ABC plan's proper categorization does not account for multiple prior court rulings, including those that qualify the employee and others as hourly employees, so the ABC plan cannot be categorized as anything other than hourly pay.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: February 13, 2024, Case #: 2:12cv717, NOS: Other Contract - Contract, Categories: Employment, class Action, contract
J. King denies the retail company's motion to compel arbitration in the customer's class action accusing the retail company of using fake time-limited discount offers. The retail company's arbitration clause contains a carveout provision for actions that seek injunctive relief, so the customer's suit falls outside the scope of the arbitration agreement. However, because a forum selection clause is also contained in the carveout provision, the parties must show cause within 21 days as to why the case should not be transferred to the Southern District of California.
Court: USDC Western District of Washington, Judge: King, Filed On: February 13, 2024, Case #: 2:23cv408, NOS: Other Contract - Contract, Categories: Arbitration, class Action, contract
J. Jones grants the employer's motion to dismiss with respect to a breach of contract claim in a class action brought by the employee arising from a data breach in which hackers accessed current and former employees' personal information. The employee failed to show that the employer indicated an intention in any document to protect his personal information. However, the motion is denied as to the class's negligence claims. The employee plausibly alleged that the hack and the type of stolen information raise a risk of identity theft and that a substantial and imminent risk of future harm exists.
Court: USDC Northern District of Georgia, Judge: Jones, Filed On: February 9, 2024, Case #: 1:22cv3640, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, class Action, contract
J. Harris finds the trial court improperly dismissed the insured's class action against State Farm over coverage for water damages her home sustained from an overflowing sink. The statutory limitation the trial court cited does not preclude the insured's claim for interest payments under her policy, and the case is remanded to the trial court for further proceedings. Reversed.
Court: Florida Courts Of Appeal, Judge: Harris, Filed On: February 2, 2024, Case #: 23-0243, Categories: Insurance, class Action, contract
J. Doughty grants summary judgment to an online delivery-service platform, dismissing claims in a class action that the company did not act in good faith when it offered new contract terms to certain restaurants. The service did not force the litigant-restaurants to sign a new contract with the higher rate. Instead, it offered the restaurants three new options, to which they could have opted out, but voluntarily decided to continue using. Although a higher rate is inconvenient, in this case, it is still below the industry standard and would not cause substantial hardship or detriment to the litigating restaurants.
Court: USDC Western District of Louisiana , Judge: Doughty, Filed On: February 1, 2024, Case #: 2:19cv552, NOS: Other Contract - Contract, Categories: Evidence, class Action, contract
J. Tigar allows a few damages claims to continue against OpenAI and Microsoft from a class of coders who say the companies use AI tools and software, such as Copilot, that infringe on their coding. The damages claims have the standing needed to proceed in regards to some of the unnamed coders bringing the suit, but all of their state law claims for unjust enrichment and negligence are tossed for being preempted by the Copyright Act.
Court: USDC Northern District of California, Judge: Tigar, Filed On: January 22, 2024, Case #: 4:22cv6823, NOS: Other Contract - Contract, Categories: Copyright, class Action, contract