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Class Actions of Interest

Judge Approves Settlement in Anthem Data Breach Case

August 22, 2018

Last week, a California federal judge approved a $115 million settlement ends claims Anthem Inc. put 79 million consumers’ personal information at risk in a 2015 data breach. U.S. District Judge Lucy H. Koh ruled that the deal, which provides the class of data breach victims with two years of credit monitoring, coverage of out-of-pocket expenses stemming from the breach, and compensation for those who got their own credit monitoring — is “ fair, reasonable

Juno Therapeutics Settles Securities Class Action for $24 Million

August 15, 2018

Lawyers for a certified class of investors in Juno Therapeutics have announced a $24 million settlement to resolve claims that the biopharmaceutical company’s failure to disclose the death of one of its immunotherapy patients led to a 30 percent drop in its share price.

Zicam Settles False Advertising Class Action for $16 Million

August 8, 2018

The makers of the cold and allergy medication Zicam have agreed to pay a $16 million settlement to resolve a class action lawsuit. According to the lawsuit, Zicam made “false and misleading statements about the effectiveness of certain Zicam products in violation of state and federal law.” Zicam is denying these claims.

Judge Sanctions Fitbit and Its Attorneys For Bad Faith Transfer to Arbitration

August 6, 2018

U.S. District Judge James Donato sanctioned Fitbit Inc. and its Morrison & Foerster LLP attorneys for acting in bad faith, saying they owe attorneys’ fees after getting a proposed consumer class action removed to arbitration only to reveal they had no intention of arbitrating the claims.

John Hancock Settles Insurance Class Action for $91 Million

July 31, 2018

John Hancock Life Insurance Company (U.S.A.) has entered into a preliminary settlement with certain owners of its universal and variable universal life insurance policies who have policies that contain a contractual promise that “Applied Monthly Rates will be based on [John Hancock’s] expectations of future mortality experience”—and nothing else.

Ford Motor Co. Agrees to Pay $299.1 Million to Settle Class Action Claims Involving Faulty Takata Airbags

July 30, 2018

Ford Motor Co. has agreed to pay $299.1 million to settle claims arising out of the use of defective Takata Corp. airbags. The settlement will apply to the owners of approximately 6 million Ford vehicles.

Blood Reagents Antitrust Class Action Settles

July 19, 2018

Ortho-Clinical Diagnostic has agreed to pay $19.5 million to resolve a class action alleging that it conspired with another company to fix prices on the reagents used in blood tests. Ortho-Clinical’s $19.5 million will be combined with a $22 million settlement that Immucor Inc. agreed to pay to resolve allegations against it, bringing the total settlement fund to $41.5 million.

Antitrust Class Action Filed Against Pork Processors

July 2, 2018

Several large U.S. pork companies, including Hormel Foods Corp., Smithfield Foods, Inc., and Tyson Foods Inc., were hit with an antitrust lawsuit this week alleging that they conspire to inflate pork prices in an effort to boost profit at consumers’ expense. The complaint alleges the collusion has been going on since 2009.

Law Firm Jones Day Sued in Discrimination Class Action

June 21, 2018

A former Jones Day partner has filed a lawsuit against the firm in California alleging that the firm treats women as second-class citizens and provides preferential treatment to men. She alleges she was fired for speaking out against an alleged fraternity culture.

Foot Locker Pension Plan Members Recover $290 Million in ERISA Class Action

June 12, 2018

A New York federal judge confirmed that 16,000 Foot Locker pension plan members were entitled to $290 million in benefits following a successful challenge to a cut in their plan. The judge entered an amended final judgment in the long-running case after the U.S. Supreme Court in February denied Foot Locker’s petition, confirming that the retailer must pay $290 million to its pension plan members in the long running Employee Retirement Income Security Act case.

Monsanto Settles False Labeling Class Action for $21.5 Million

June 4, 2018

On May 25, a federal court in Missouri approved a $21.5 million settlement between Monsanto and a class of consumers who alleged the agrochemical giant used misleading labeling on its Roundup weed killer. The complaint stated that Monsanto misled consumers about how much Roundup could be made from bottles of concentrate. The concentrate labels say the formula “makes up to” a certain amount of herbicide when mixed with water, but the instructions’ fine print says the formula

Samsung and Toshiba Agree to Settle Antitrust Claims of Indirect Purchasers of Optical Disk Drives

May 30, 2018

After losing on a motion for summary judgment, a class of optical disk drive (“ODD”) end users has agreed to settle with Samsung and Toshiba. The case is currently on appeal to the Ninth Circuit, but attorneys for the plaintiffs filed a request with the Ninth Circuit to extend the appeals briefing by 60 days while they seek a limited remand to the district court for approval of the settlements.

Uber Claims It Is Ending Arbitration For Sexual Harassment Claims, But It Still Bars Class Actions

May 29, 2018

Uber won praise on May 12, 2018, when it announced it would no longer steer sexual misconduct claims into arbitration. However, the announcement failed to note that the company refrained from any promises that it would free victims from arbitration agreements if their claims are part of class action litigation.

Wells Fargo Settles Shareholder Suit Over Fake Accounts for $480 Million

May 23, 2018

The most recent cost to Wells Fargo & Co. arising out of its fake-account scandal is a $480 settlement with its shareholders. The settlement resolves the main class-action suit brought by shareholders targeting the bank’s allegedly deficient disclosures related to its sales practices.

Fitbit settles securities fraud class action

April 25, 2018

After two years of litigation, a California federal judge approved a $33 million class action settlement resolving allegations that Fitbit Inc. hid problems with its fitness trackers and artificially inflated its stock price.

Another auto parts settlement in antitrust MDL

April 6, 2018

Japanese auto parts maker Tokai Rika has agreed to settle claims against it for $34.2 million. The four proposed settlement classes include those who say they were overcharged for heating control panels, occupant safety restraint systems, switches and steering angle sensors. According to the motion for preliminary approval, the classes includes millions of buyers.

Facebook user files class action against Facebook

March 28, 2018

Facebook has been sued in a California federal court by a Facebook user. The plaintiff seeks to get the case certified as a class action.

Securities class action filed against Facebook relating to data provided to Cambridge Analytica

March 27, 2018

Shareholders of Facebook stock sued the social media giant alleging that Facebook made misleading claims about its use of user data, which blew up this month when its alleged relationship to a Trump-linked data firm was made public.

Syngenta agrees to pay $1.8 billion to end GMO class actions

March 21, 2018

Lawyers for the parties announced that they have agreed to a $1.51 billion settlement in the nationwide class action against Syngenta over its genetically modified corn seed.

Yahoo agrees to $80 million settlement of securities class action arising out of data breach

March 15, 2018

The parties to a class action against Yahoo arising out of a data breach involving the personal information of 1.5 billion users announced a settlement of the claims of investors that the risks were not disclosed.