1,406 results for 'cat:"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. 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
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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. 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
J. Chin finds that the district court properly dismissed class telemarketing claims concerning promotional text messages offering free bags of chips with sandwiches because the text-blasting service relied on a preexisting list of numbers submitted by consumers instead of generating numbers, and thus did not meet the definition of an automated dialing system. Meanwhile, the texts did not use artificial or prerecorded voices as prohibited by telemarketing law. Affirmed.
Court: 2nd Circuit, Judge: Chin, Filed On: May 10, 2024, Case #: 22-1726-cv, Categories: Communications, Consumer Law, class Action
J. Bolden grants the joint motion for approval of the class action settlement, ruling the lack of objection from any class members, combined with the experience of counsel and complexity of the litigation, favor approval of the settlement, which will fairly compensate members and avoid a protracted legal battle. Additionally, plaintiffs' attorneys will be granted the requested $267,000 in fees, as their calculations were reasonable and supported by evidence in the record.
Court: USDC Connecticut, Judge: Bolden, Filed On: May 10, 2024, Case #: 3:21cv1651, NOS: Consumer Credit - Other Suits, Categories: Settlements, Attorney Fees, class Action
J. Strand denies a credit union summary judgment in class claims stemming from a security breach because the class plausibly alleged the credit union owed, and breached, a duty of reasonable care to protect their personal information from a cyber hack.
Court: USDC Northern District of Iowa, Judge: Strand, Filed On: May 9, 2024, Case #: 6:23cv2048, NOS: Other Personal Injury - Torts - Personal Injury, Categories: Negligence, Privacy, class Action
J. Corley grants final approval to a $51,000 class settlement with Atlantic Recovery Solutions over alleged unfair debt collection practices. The terms appear fair and include $123,000 in attorney fees.
Court: USDC Northern District of California, Judge: Corley, Filed On: May 9, 2024, Case #: 3:22cv4108, NOS: Consumer Credit - Other Suits, Categories: Debt Collection, Settlements, class Action
J. Calabrese grants the parties' joint motion for approval of the class action settlement, ruling the class of stockholders has been adequately represented by competent counsel who worked more than 1,100 hours on the case, while the settlement amount will fairly compensate all members, given the complexity and uncertainty of taking the case to trial.
Court: USDC Northern District of Ohio, Judge: Calabrese, Filed On: May 9, 2024, Case #: 1:20cv2744, NOS: Securities/Commodities/Exchange - Other Suits, Categories: Settlements, Securities, class Action
J. Tunheim grants the consumer and commercial indirect pork purchasers' and the direct pork purchasers' motions to certify classes in their antitrust action, and denies the port manufacturers' motions to exclude expert testimony of three experts. Each expert report satisfies the standard required for class certification, and all three classes satisfy the requirements of the civil procedure rules governing class actions.
Court: USDC Minnesota, Judge: Tunheim, Filed On: May 8, 2024, Case #: 0:18cv1776, NOS: Antitrust - Other Suits, Categories: Antitrust, Experts, class Action
J. Cole denies Kroger's motion to dismiss, ruling the consumers' reliance on false representations about the type and amount of heavy metals in teething wafers when buying the product constitutes a particularized injury that gives them standing to pursue product liability claims. Although their children did not suffer any physical injuries as a result of eating the wafers, the economic injuries sustained by the parents allow the case to proceed.
Court: USDC Southern District of Ohio, Judge: Cole, Filed On: May 8, 2024, Case #: 1:22cv544, NOS: Personal Injury - Product Liability - Torts - Personal Injury, Categories: Damages, Product Liability, class Action
J. Stone finds that the trial court properly dismissed a claim of the patient, who appeared individually and on behalf of the class of plaintiffs he seeks to represent. The patient alleged that he was “unlawfully” billed for medical services by a hospital. In this case, the patient's claim is untimely under the Balance Billing Act because more than one year has passed since the hospital asserted and collected on the medical lien. Further, the record shows that the patient made an explicit agreement to assign both his health insurance benefits and his tort recovery to the hospital in the event that his bill was not paid in full upon discharge. Affirmed.
Court: Louisiana Court Of Appeal, Judge: Stone, Filed On: May 8, 2024, Case #: 55,525-CA, Categories: Medical Malpractice, class Action
J. Reyes tosses a third-amended false advertising complaint concerning at-home ovulation test kits sold at various nationwide retail chains under the Clearblue and First Response brands. The suing customers say the products fail to predict when a consumer is ovulating with 99% accuracy. The court finds a reasonable consumer would exhibit a higher degree of discernment when deciding whether to buy the product and would read the side and back labeling, which clearly state the product does not test for actual ovulation, rather it detects a rise in luteinizing hormone levels, which typically suggests ovulation will occur in the next 24-36 hours.
Court: USDC Eastern District of New York, Judge: Reyes, Filed On: May 7, 2024, Case #: 1:22cv5435, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Consumer Law, class Action, False Advertising