Consumer Protection

Data Breach Class Action in Oregon Against Premera Settled

August 1, 2019 by

On Monday, Oregon federal district court judge Michael Simon preliminarily approved a $32 million settlement that would resolve multidistrict litigation against Premera Blue Cross over the health insurer’s 2015 data breach that affected an estimated 11 million customers and employees. In a 58-page order, Judge Michael H. Simon said the proposed settlement is fair, considering

En Banc Ninth Circuit Approves Once Rejected Hyundai Class Action Settlement

June 7, 2019 by

An MDL case entitled In re Hyundai and Kia Fuel Economy Litigation involved alleged misrepresentations involving fuel usage for Hyundai and Kia automobiles. A district court in California approved a nationwide $200 million settlement. A divided Ninth Circuit panel reversed the approval of the settlement holding that the district court must weigh all the varying

U.S. Supreme Court Allows Antitrust Class Action Against Apple to Proceed

May 29, 2019 by

A majority of the the U.S. Supreme Court held recently that consumers that purchase Apps from Apple’s App store are direct purchasers able to pursue a proposed antitrust class action under federal law. The majority rejected Apple Inc.’s contention that the consumers are “indirect purchasers” barred from pursuing federal antitrust damages under the high court’s

Consumers File Class Action Against Meat Packers

May 14, 2019 by

A class-action lawsuit has been filed in Minnesota federal court that alleges that four large beef-packing companies and an industry information-sharing service have schemed to suppress the prices they pay for cattle and inflate the prices they charge consumers. The lawsuit names Cargill, Tyson Foods, National Beef Packing and JBS USA Food Co. — who

Cattle Ranchers File Class Action Against Meatpackers

April 29, 2019 by

A cattle ranchers’ trade association filed a class action in federal court in Illinois accusing meatpackers including industry powerhouses Tyson, JBS SA, Cargill and National Beef Packing Co. of conspiring to keep down cattle prices. The complaint alleges the meatpackers are seeking to push the cattle industry toward the level of consolidation already seen in

Planet Hollywood Sued In Class Action Over Data Breach

April 11, 2019 by

On April 3, 2019, Earl Enterprises Holdings Inc. (“EEH”), the owner of popular chain restaurants such as Earl of Sandwich, Buca di Beppo and Planet Hollywood, was sued in federal court in the Middle District of Florida by customers who alleged that the company failed to exercise reasonable care in securing and safeguarding their sensitive

Scotts Miracle-Gro Settles Bird Seed with Pesticide Class Action for $85 Million

December 18, 2018 by

Consumers and Scotts Miracle-Gro submitted a motion for preliminary approval of a settlement in California federal court arising out of a class action alleging that the lawn company knowingly sold bird food laced with toxic pesticides. The settlement is for up to $85 million, depending on how many class members file claims. The settlement will

Discrimination Class Action Against Airbnb in Oregon is Allowed to Proceed

October 31, 2018 by

Oregon federal district judge Michael Simon denied a motion to dismiss an Oregon class action lawsuit that alleges Airbnb allows discrimination against black users. The lawsuit contends the vacation rental website, which connects homeowners with travelers looking to rent a room, allows the homeowners to discriminate by requiring would-be guests to register with their full

Antitrust Class Actions Regarding Generic Lidoderm Pain Patch Settle for A Combined Amount Over $270 Million

September 17, 2018 by

A California federal judge gave final approval to two settlements of class actions alleging that Teikoku, Endo and Actavis violated antitrust laws by stalling the release of a generic form of the Lidoderm pain patch. One class actin was on behalf of direct purchasers and settled for $166 million. The other was on behalf of

Samsung and Toshiba Settle Optical Disc Drive Price Fixing Claims for $25 Million

August 27, 2018 by

Samsung and Toshiba agreed to pay $25 million to resolve a class action alleging that they participated in an industry-wide conspiracy to fix optical disk drive prices. The plaintiffs settling the case were indirect purchasers of the drives; ie. consumers. If approved, the proposed deal would bring the total amount of consumer settlements in the

Judge Approves Settlement in Anthem Data Breach Case

August 22, 2018 by

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

Zicam Settles False Advertising Class Action for $16 Million

August 8, 2018 by

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.

John Hancock Settles Insurance Class Action for $91 Million

July 31, 2018 by

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.

American Airlines Settles Antitrust Class Action for $45 Million

June 20, 2018 by

American Airlines has agreed to pay $45 million to settle class actions alleging that violated the Sherman Act by colluding to limit the number of seats available on domestic flights and raising ticket prices. The settlement is intended to include the millions of people who bought domestic tickets from the airline defendants between July 2011 and

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