58 results for 'cat:"Jurisdiction" AND cat:"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. Sykes dismisses the subscribers' complaint that the company violated California's Automatic Renewal Law by not providing adequate notice of its OnlyFans' automatic subscription renewal policy or appropriate subscription cancellations options. This court lacks personal jurisdiction over this case because even though a significant number of California residents visited and bought subscriptions through the company's website, it is not enough to claim that the company is subject to California jurisdiction because it is not based in the state.
Court: USDC Central District of California, Judge: Sykes, Filed On: May 2, 2024, Case #: 5:22cv2164, NOS: Other Fraud - Torts - Personal Property, Categories: Fraud, jurisdiction, class Action
J. Ellis grants a worker’s motion to dismiss a supplemental affidavit in this class action over a home lending company’s alleged violations of the federal Worker Adjustment and Retraining Notification Act and Illinois Wage and Payment Collection Act. However, the court also dismisses the case for lack of jurisdiction. The members of the class claimed the company fired all of them with no warning and without providing backpay for accrued personal time.
Court: USDC Northern District of Illinois, Judge: Ellis, Filed On: April 29, 2024, Case #: 1:23cv1839, NOS: Other Labor Litigation - Labor, Categories: jurisdiction, class Action, Labor
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J. Choudhury tosses a class action brought by a self-representing litigant claiming several entities orchestrated a scheme to bankrupt and ultimately close an all-girls Catholic high school in Long Island, as well as other schools throughout the country. His claims do not concern federal law or establish diversity jurisdiction. Most notably, the court rules a pro se litigant cannot serve as class representative and class counsel at the same time, as that would unfairly prejudice the class members.
Court: USDC Eastern District of New York, Judge: Choudhury, Filed On: April 23, 2024, Case #: 2:24cv2636, NOS: Truth in Lending - Torts - Personal Property, Categories: Fraud, jurisdiction, class Action
J. Wier rules in part for defendants in product liability claims concerning artificial tear products because the court lacks jurisdiction over a defendant headquartered in New York, and the record does not indicate specific actions had been taken in Kentucky in relation to the product; meanwhile, the class alleges the product caused financial, not physical, injuries.
Court: USDC Eastern District of Kentucky, Judge: Wier, Filed On: March 29, 2024, Case #: 6:23cv20, NOS: Personal Injury - Health Care/Pharmaceutical Personal Injury/Product Liability - Torts - Personal Injury, Categories: Product Liability, jurisdiction, class Action
J. Webb finds the circuit court properly dismissed taxpayers' illegal exaction class action alleging constitutional violations involving tax assessment definitions as applied to disabled people and senior citizens. The taxpayers did not exhaust administrative remedies and the court properly dismissed the complaint for lack of subject matter jurisdiction. Affirmed.
Court: Arkansas Supreme Court, Judge: Webb , Filed On: March 28, 2024, Case #: CV-23-326, Categories: Tax, jurisdiction, class Action
[Consolidated.] J. Chun grants the patients' motion to remand a putative class action alleging that the cancer research institute's negligence allowed hackers to access patient contact information. The institute is based in Washington and the data breach primarily involved Washington patients. Furthermore, three causes of action in the lawsuit are based on Washington statutes and none of the causes of action involve another state's law. Therefore, the discretionary home-state exception to the Class Action Fairness Act applies.
Court: USDC Western District of Washington, Judge: Chun, Filed On: March 22, 2024, Case #: 2:23cv1893, NOS: All Other Real Property - Real Property, Categories: Privacy, jurisdiction, class Action
J. Anello declines to grant preliminary approval of a $350,000 settlement in a class action alleging that the healthcare company failed to take the necessary precautions to prevent a cyberattack and thereby protect the patients' personal health information. The amount in controversy does not exceed the $5 million threshold for federal jurisdiction under the Class Action Fairness Act and the parties fail to show that minimal diversity exists. Additionally, here is no federal question at issue in this case, so the court lacks jurisdiction.
Court: USDC Southern District of California, Judge: Anello, Filed On: March 14, 2024, Case #: 3:23cv570, NOS: Other Contract - Contract, Categories: Privacy, jurisdiction, class Action
J. Sammartino denies the employee's motion to remand a wage-and-hour class action against American Airlines to state court. American Airlines' 10% violation rate to determine the amount of damages is reasonable based on the complaint's "from time to time" and "policy and practice" allegations. Using this violation rate, the amount in controversy comes out to roughly $16 million, which easily clears the $5 million federal jurisdiction hurdle set by the Class Action Fairness Act.
Court: USDC Southern District of California, Judge: Sammartino, Filed On: March 7, 2024, Case #: 3:23cv1779, NOS: Other Labor Litigation - Labor, Categories: jurisdiction, class Action, Labor
Per curiam, the circuit finds that the district court failed to resolve whether two New York City restaurants violated federal wage laws upon paying subclasses of current and former employees. Prior to trial, the parties agreed to submit only state labor law claims to the jury, which found for the workers, but the status of the federal claims should be clarified on remand since those claims had not been formally dismissed.
Court: 2nd Circuit, Judge: Per curiam, Filed On: March 5, 2024, Case #: 22-1558, Categories: Employment, jurisdiction, class Action
[Consolidated.] J. Jones finds the district court improperly remanded this oil and gas royalties dispute to state court. The landowner and stockholders initiated this class action alleging that the energy company had underpaid more than $100 million in royalties. The company says the Class Action Fairness Act requires the case be heard in federal court, while the district court reasoned the Act's local controversy exception supported remand in spite of a third of the royalties recipients being located in other states and countries. The Act ties principal injuries sustained to the entire class, not a subset. No exception exists for cases in which most parties sustain the principal injury in the forum state, but some do not. Vacated.
Court: 5th Circuit, Judge: Jones , Filed On: March 1, 2024, Case #: 23-40591 , Categories: Energy, jurisdiction, class Action
J. Pechman declines to dismiss the non-Washington class members from the consumers' class action accusing the health insurance provider of violating the Telephone Consumer Protection Act by using an artificial pre-recorded voice to call cell phones without prior consent. The healthcare insurance provider argues that this court does not have personal jurisdiction over the non-Washington class members' claims, but the Supreme Court already decided that a court can exercise jurisdiction over absent class action plaintiffs because mass actions generally do not and cannot meet all the requirements under Federal Rule of Civil Procedure 23.
Court: USDC Western District of Washington, Judge: Pechman, Filed On: February 29, 2024, Case #: 2:19cv175, NOS: Other Statutory Actions - Other Suits, Categories: Communications, jurisdiction, class Action
J. Wood largely grants a group of realtor associations’ motion to dismiss an antitrust class action brought by a class of home buyers. The home buyers accuse the realtor associations of conspiring with a brokerage firm to illegally affect price competition among real estate brokers, resulting in the home buyers paying illegally high commission rates for their retained brokers. The court, however, finds it lacks jurisdiction over one of the realtor associations, and rules the class representative has not sufficiently alleged Sherman Act violations. The class’s unjust enrichment claims stand.
Court: USDC Northern District of Illinois, Judge: Wood, Filed On: February 20, 2024, Case #: 1:21cv430, NOS: Antitrust - Other Suits, Categories: Antitrust, jurisdiction, class Action
J. Estudillo remands the hourly employee's class action alleging that the healthcare company did not provide meal and rest periods, did not pay overtime and withheld wages. The healthcare company does not present enough evidence to prove that the employee claims that it violated Washington law 60% of the time. A 20% violation rate is more reasonable in this case based on the evidence presented, including the fact that the employee uses phrases like "at times," which implies that the alleged illegal practices did not happen consistently. Based on this 20% rate, the potential damages do not meet the $75,000 jurisdictional minimum.
Court: USDC Western District of Washington, Judge: Estudillo, Filed On: February 20, 2024, Case #: 3:23cv5892, NOS: Other Labor Litigation - Labor, Categories: Employment, jurisdiction, class Action
J. Seeger denies a formerly pro-se debt case litigant’s motion to remand her class action to state court. The litigant, while defending herself against a debt collection agency in state court, used an online service known as SoloSuit to file an answer to the debt collector’s complaint. However, SoloSuit never filed the answer it generated for her, leaving her scrambling to find a lawyer who could file the answer themselves. She then filed a class action against the makers of SoloSuit, who had it removed to federal court. The litigant attempted to have it moved back to state court, arguing her case doesn’t satisfy the federal court’s amount-in-controversy requirement, but the court disagrees. It finds her class action “plausibly alleges a potential recovery of more than $5 million.”
Court: USDC Northern District of Illinois, Judge: Seeger, Filed On: January 8, 2024, Case #: 1:23cv2365, NOS: Other Fraud - Torts - Personal Property, Categories: Debt Collection, jurisdiction, class Action
J. Fouratt grants the employees' motion for conditional class certification in a labor case, ruling that while the employer is based in Texas, this court has jurisdiction over the case because the claims presented in the complaint deal exclusively with its contracts governing New Mexico-based employees and will not include individuals who worked in Texas.
Court: USDC New Mexico, Judge: Fouratt, Filed On: January 2, 2024, Case #: 2:22cv252, NOS: Fair Labor Standards Act - Labor, Categories: jurisdiction, class Action, Labor
J. Collins find that the district court improperly dismissed an action for lack of personal jurisdiction in which a class alleged that 11 foreign-based defendants violated federal and California law by participating in, or benefitting from, the distribution of videos on the internet that depicted the sexual abuse of victims of childhood sex trafficking. At least four of the videos depicting class lead, Jane Doe, were uploaded to two pornography websites. The district court erred in dismissing the remaining nine foreign defendants solely on the ground that there was no personal jurisdiction. Reversed.
Court: 9th Circuit, Judge: Collins, Filed On: January 2, 2024, Case #: 22-55315, Categories: jurisdiction, class Action