31 results for 'cat:"Fiduciary Duty" AND cat:"Class Action"'.
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. Tunheim largely denies the employer's motion for summary judgment in its employee's suit alleging that it invested employees' 401(k) savings in underperforming funds for over a decade. The employer did not breach any enforceable portion of its Investment Policy Statement, so a count alleging breach of that policy is dismissed, and the employer's Board of Directors are dismissed as defendants because they were not functional fiduciaries and had no duty to monitor the fund. Genuine disputes remain as to the employee's other claims, and they survive "because a reasonable trier of fact could easily find" that the employee caught the employer "with its hand in the cookie jar."
Court: USDC Minnesota, Judge: Tunheim, Filed On: March 12, 2024, Case #: 0:21cv1049, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, fiduciary Duty, class Action
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J. Coughenour dismisses the shareholder's complaint alleging that Jeff Bezos and other current and former Amazon directors and officers stored customer data without the customer's knowledge, putting Amazon at risk of lawsuits. The shareholder's complaint does not allege that any director “received a material personal benefit from the alleged misconduct," nor does he present sufficient evidence to establish demand futility regarding most of the directors.
Court: USDC Western District of Washington, Judge: Coughenour, Filed On: January 30, 2024, Case #: 2:22cv559, NOS: Stockholders’ Suits - Contract, Categories: fiduciary Duty, class Action
J. Conley grants the retirement plan administrators' motion to dismiss the beneficiaries' class action claiming the administrators breached their fiduciary duties by selecting and retaining investments in index funds that perform poorly compared to other available funds. In part because the beneficiaries have failed to prove the disputed investments were made outside the administrators' "reasonable judgment," and because the investments did not always perform poorly during the class period, the beneficiaries have failed to a state a viable claim for breach of fiduciary duty. The beneficiaries' complaint is dismissed without prejudice, and they are given until February 26, 2024, to file an amended complaint, should there be a good-faith reason for it.
Court: USDC Western District of Wisconsin, Judge: Conley, Filed On: January 26, 2024, Case #: 3:22cv449, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, fiduciary Duty, class Action
J. Blackwell partially grants the healthcare provider's motion to dismiss a class action alleging that it improperly linked patients' private health information and healthcare-related web activity to their Facebook profiles. Minnesota Health Records Act, invasion of privacy, breach of implied contract, unjust enrichment, negligence and Wiretap Act claims survive, as does one under the Minnesota Uniform Deceptive Trade Practices Act. Claims for breach of fiduciary duty and breach of confidence are dismissed, since the patients have not alleged that the healthcare provider was a fiduciary nor that Minnesota courts have recognized a common law "breach of confidence" claim of this kind.
Court: USDC Minnesota, Judge: Blackwell, Filed On: December 21, 2023, Case #: 0:23cv267, NOS: Other Personal Injury - Torts - Personal Injury, Categories: fiduciary Duty, Privacy, class Action
J. Evanson grants the employees' motion to compel the brewery chain to produce a fully copy the Stroz Friedberg report, engagement letter and all scopes of work for the employees' lawsuit accusing the brewery chain of not protecting their personal identifiable information during a ransomware attack. The brewery chain withheld nearly all information related to the breach and its response to it on privilege grounds during the discovery process, and the delegation of business functions to an attorney is not sufficient to shield it from discovery.
Court: USDC Western District of Washington, Judge: Evanson, Filed On: December 6, 2023, Case #: 2:22cv94, NOS: Other Personal Injury - Torts - Personal Injury, Categories: fiduciary Duty, Discovery, class Action
J. Brennan grants the ERISA plan administrator's motion to dismiss, ruling its failure to transfer assets from certain passively managed investment funds cannot support a fiduciary duty claim because the comparator evidence from the participants involves actively managed funds. Meanwhile, the participants' failure to cite any similar funds with lower management fees requires dismissal of the claim for excessive fees under ERISA.
Court: USDC Northern District of Ohio, Judge: Brennan, Filed On: December 4, 2023, Case #: 1:21cv256, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, fiduciary Duty, class Action
J. Livingston finds that the district court properly remanded class fiduciary duty and tortious interference claims shareholders brought against a company and its merger partner. An exception to the Class Action Fairness Act applied since the merger involved securities that allegedly shortchanged shareholders from owning preferred stock.
Court: 2nd Circuit, Judge: Livingston, Filed On: November 14, 2023, Case #: 23-1262, Categories: Securities, fiduciary Duty, class Action
J. Lungstrum grants a class of employees' motion for final approval of a class action settlement. The class, which brought claims under ERISA, sufficiently showed in court that Coca Cola breached its fiduciary duty when it imposed record-keeping fines on employees' benefits.
Court: USDC Kansas, Judge: Lungstrum, Filed On: September 18, 2023, Case #: 2:21cv2054, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, fiduciary Duty, class Action
[Consolidated.] J. Eagles denies in part a hospital system’s motion to dismiss allegations of breach of implied contract brought by a class of patients. Because the class members accepted the implied offer of privacy when each one used the system’s online services, the breach occurred when the system disclosed the members’ private medical information to Meta Platforms, owner of Facebook and Instagram, without their consent. The system also owed the class a fiduciary duty which it violated by disclosing said data.
Court: USDC Middle District of North Carolina, Judge: Eagles, Filed On: August 24, 2023, Case #: 1:22cv697, NOS: Other Personal Injury - Torts - Personal Injury, Categories: fiduciary Duty, class Action, Contract
J. Fleming grants the lender's motion to dismiss, ruling that because the lead plaintiffs' claims involve only mortgages on Ohio properties and none of the individuals sustained damages outside the state, they cannot bring a nationwide class action. Additionally, there are no allegations in the complaint the relationship between the parties was anything more than that of a typical lender-borrower, which requires dismissal of the fiduciary duty claim.
Court: USDC Northern District of Ohio, Judge: Fleming, Filed On: August 21, 2023, Case #: 1:22cv1392, NOS: Other Contract - Contract, Categories: fiduciary Duty, Banking / Lending, class Action
J. Grant finds that the district court properly dismissed the customers' putative negligence, civil conspiracy and breach of fiduciary duty class action arising after Robinhood restricted their ability to buy shares of "meme stocks." The customers' agreement with Robinhood gave the company the right to restrict their ability to trade securities and to refuse to accept transactions or execute trade requests for any reason. Robinhood also had no duty not to cause economic loss to the customers and the customers failed to allege that the company took specific actions to intentionally cause harm. Affirmed.
Court: 11th Circuit, Judge: Grant, Filed On: August 10, 2023, Case #: 22-10669, Categories: fiduciary Duty, Negligence, class Action
J. Bredar denies a health care provider its motion to exclude an expert’s testimony in an ERISA suit brought by a class of former employees. The ERISA plan has over 25,000 participants and total assets of almost $1.8 billion, and the class claims the provider has not monitored the plan properly. The expert based his opinion about the alleged financial losses on a reliable method which he correctly applied. The class is also granted leave to file a second amended complaint so it can include relevant information found upon discovery.
Court: USDC Maryland, Judge: Bredar, Filed On: August 10, 2023, Case #: 1:20cv1984, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, fiduciary Duty, class Action
J. Dooley denies the insureds' motion for class certification, ruling that differences in the various policies prevent finding a common answer as to whether the insurer overcharged the class members for medical equipment. Although some or many of the policies may have similar payment structures and provide the type of commonality required, too many individualized inquiries will be required to allow the court to properly analyze the questions presented by the lawsuit.
Court: USDC Connecticut, Judge: Dooley, Filed On: July 6, 2023, Case #: 3:17cv1693, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Erisa, fiduciary Duty, class Action
J. Wu tentatively grants final approval a $1.5 million class action settlement, which arises from the participants' claim that the savings plan company and its committee breached their fiduciary duty to the participants when the former allowed the latter to pay excessive fees compared to similarly sized retirement plans. The settlement is fair and well thought-out because the savings plan company produced mediation-related discovery that the participants analyzed to facilitate negotiation, which led to a full day of mediation with a JAMS mediator experienced in ERISA class actions and weeks of negotiations afterward.
Court: USDC Central District of California, Judge: Wu, Filed On: June 28, 2023, Case #: 2:21cv9140, NOS: Employee Retirement Income Security Act (ERISA) - Labor, Categories: Settlements, fiduciary Duty, class Action