1,407 results for 'cat:"Class Action"'.
J. Peterson partially grants the department of corrections' (DOC) motion to dismiss the DOC employees' complaint alleging that the DOC wrongfully denied them accommodations and fired them for not complying with a new state requirement for the Covid-19 vaccination. The DOC employees abandoned some of their claims, and their remaining claims fail because they do not make any factual allegations of ongoing violations now that the proclamation has been rescinded and they do not state what specific religious actions the proclamation prohibited.
Court: USDC Western District of Washington, Judge: Peterson, Filed On: May 16, 2024, Case #: 3:23cv6186, NOS: Employment - Civil Rights, Categories: Covid-19, Employment Discrimination, class Action
J. Robart dismisses the investors' complaint accusing Funko and two of its executive officers of not disclosing material facts about Funko's business and operations and artificially inflating its common stock. The investors make generalized allegations that do not plausibly show that the executive officers knew that Funko held excess product for a long period of time, wrote down excess product or discarded excess product. The investors also fail to allege that the executive officers receives status reports specifically about data-related problems or the overall progress of Funko's data transfer.
Court: USDC Western District of Washington, Judge: Robart, Filed On: May 16, 2024, Case #: 2:23cv824, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Securities, class Action
J. Lin grants the consumer's motion to consolidate her class action, which alleges that the company did not disclose the presence of lead in its popular Stanley tumbler products. The company's motion to stay or dismiss this complaint is not more appropriate than consolidating it, because the three discussed matters regard nationwide classes of Stanley tumbler purchases for personal use, and there is substantial overlap in the claims such as how many of them are under Washington common law or statutes and allege that the company engaged in substantially similar behavior.
Court: USDC Western District of Washington, Judge: Lin, Filed On: May 16, 2024, Case #: 2:24cv635, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, class Action
J. Shelby partially grants the plaintiff chicken growers' motion to exclude certain expert testimony in this multidistrict litigation alleging that the defendant poultry companies suppressed grower pay in violation of the Sherman Act. In rebuttal to the plaintiffs' expert, the poultry science professor cannot provide an opinion on the expert's econometric analysis, but he can "provide industry background opinions" to rebut any factual assumptions.
Court: USDC Eastern District of Oklahoma, Judge: Shelby, Filed On: May 15, 2024, Case #: 6:17cv33, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, class Action
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J. Robertson denies a bank’s motion to compel the depositions of individuals who were, but no longer are, plaintiffs in lawsuits against a fraudulent internet phone service company. The bank fails to show that its requested subpoenas of putative absent class members are narrowly tailored to subjects that are clearly relevant.
Court: USDC Massachusetts, Judge: Robertson, Filed On: May 15, 2024, Case #: 4:14md2566, NOS: Other Contract - Contract, Categories: Fraud, Discovery, class Action
J. Tostrud grants final approval to a class action settlement in a suit alleging that the cybersecurity vendors failed to safeguard private information against a ransomware attack. The settlement establishes a $375,000 non-reversionary settlement fund, of which one third is awarded to class counsel. Each class member will receive $50 - $150 depending on the number of valid claims unless they can show extraordinary losses, which will be reimbursed up to $5,000.
Court: USDC Minnesota, Judge: Tostrud, Filed On: May 14, 2024, Case #: 0:23cv415, NOS: Other Personal Property Damage - Torts - Personal Property, Categories: Settlements, Privacy, class Action
J. Holcomb grants final approval of a class action settlement in a wage-and-hour class action. Class counsel adequately represented the proposed settlement class. The settlement amount of $2.85 million is adequate, fair and reasonable. The method for distributing relief is adequate. The treatment of class members is equitable. $832,199 is awarded in attorney fees, $20,038 is awarded in litigation costs, $26,000 is awarded for administrative costs, and the two named plaintiffs are awarded $10,000 and $7500.
Court: USDC Central District of California, Judge: Holcomb, Filed On: May 14, 2024, Case #: 5:21cv287, NOS: Labor/Management Relations - Labor, Categories: Employment, class Action
J. Tjoflat finds that the district court improperly entered an order approving the proposed $35 million settlement agreement, certifying the class and granting attorney fees up to $10.5 million in a class action alleging that GoDaddy violated the Telephone Consumer Protection Act by using an automatic telephone dialing system to make calls and send texts to consumers' phones. The district court failed to apply the latest version of the amended procedural rule in finding that the proposed settlement was fair. The district court breached its fiduciary duty because the approved settlement agreement advanced the attorneys' interests over those of the absent class members. Class counsel provided insufficient information to enable the district court to comply with a procedural rule. The district court also applied an incorrect legal standard in calculating the attorney fees. Vacated.
Court: 11th Circuit, Judge: Tjoflat, Filed On: May 13, 2024, Case #: 21-10199, Categories: Settlements, Consumer Law, class Action
J. Lin dismisses the patient's class action accusing the hospital of installing and implementing browser plugins on its website that allowed third-parties to access the patient's information, which became apparent when the patient saw numerous targeted advertisements on Facebook related to the treatments she sought through the hospital for her medical conditions. The patient does not allege if she provided her medical information through the hospital's private patient portal or its general website. Other courts have found that websites do not contain the same level of expected privacy as a patient portal.
Court: USDC Western District of Washington, Judge: Lin, Filed On: May 13, 2024, Case #: 2:23cv1159, NOS: Other Statutory Actions - Other Suits, Categories: Privacy, class Action
J. Gilliam grants final approval to a $725,000 class settlement with Hyatt Corp. over claims of unpaid overtime wages from their security guards. The terms appear fair and include $180,000 in attorney fees.
Court: USDC Northern District of California, Judge: Gilliam, Filed On: May 13, 2024, Case #: 4:22cv693, NOS: Other Labor Litigation - Labor, Categories: Employment, Settlements, class Action
J. Goodwin grants the chemical company's motion for summary judgment in the woman's second amended complaint seeking class certification on a medical monitoring claim for residents living near the company's South Charleston plant stemming from exposure to ethylene oxide, a known carcinogen. Since the woman cannot prove a concrete injury-in-fact caused from breathing the air surrounding the plant, she not only lacks Article III standing to file suit, but also any claim she makes on behalf of herself or the proposed class is not ripe.
Court: USDC Southern District of West Virginia, Judge: Goodwin, Filed On: May 13, 2024, Case #: 2:19cv878, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Health Care, Tort, class Action
J. Duarte finds that the trial court was within its discretion to deny class certification of a nuisance action alleging a city allowed the pH level of its water supply to become corrosive. Common issues do not predominate since each claim for property damage would require individualized determinations about the city's nuisance liability. Affirmed.
Court: California Courts Of Appeal, Judge: Duarte, Filed On: May 13, 2024, Case #: C099011, Categories: Water, class Action
J. Cole grants the class's motion for attorney fees, ruling the $3.5 million requested by the class counsel is reasonable, considering the millions of pages of discovery conducted by the attorneys, as well as testing performed on Macy's bedsheets and responses to motions to dismiss and for summary judgment.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 13, 2024, Case #: 1:17cv754, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, Attorney Fees, class Action
J. Bybee finds that the district court properly issued an order compelling arbitration for California Private Attorneys General Act (PAGA) individual claims brought by a class lead plaintiff and vacated the order to the extent it compels arbitration of her non-individual claims. The matter is remanded to the district court to dispose of the non-arbitrable claims. The matter is a class action under PAGA for violations of California’s labor code. Affirmed in part.
Court: 9th Circuit, Judge: Bybee, Filed On: May 10, 2024, Case #: 22-56209, Categories: Arbitration, Employment, class Action
J. Rothstein remands the job applicant's class action alleging that the furniture company violated Washington law by not posting the wage scale or salary of its job opening. The job applicant does not plausibly allege a cause of action, because while a job posting that does not contain compensation information is a technical violation, it does not harm or create a material risk of harm. The applicant lacks Article III standing, so the court does not have subject matter jurisdiction.
Court: USDC Western District of Washington, Judge: Rothstein, Filed On: May 10, 2024, Case #: 2:23cv1742, NOS: Employment - Civil Rights, Categories: Employment, Jurisdiction, class Action
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. McCook partially grants the city defendant's motions to compel discovery in this class action arising from an alleged sex-trafficking venture. The named plaintiffs, who represent the victims of the alleged venture, are ordered to search their "additional source" for responsive documents under Category Three, which includes written communications or phone calls between the plaintiffs and an individual allegedly involved in the conspiracy.
Court: USDC Eastern District of Tennessee , Judge: McCook, Filed On: May 10, 2024, Case #: 2:23cv71, NOS: Other Civil Rights - Civil Rights, Categories: Civil Rights, Discovery, class Action