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Category Archives: Class Action

April 28

Class Action, ERISA

Seventh Circuit Ruling Against Northwestern University Clarifies Pleading Standard for ERISA Fiduciary Duty Claims

On March 23, 2023, the U.S. Court of Appeals for the Seventh Circuit, on remand from the Supreme Court, explained how the “plausibility” pleading standard of Bell Atlantic Corp. v. Twombly, 550 U.S. 544 (2007), and Ashcroft v. Iqbal, 556 U.S. 662 (2009), should be applied to breach of fiduciary duty claims under the Employee Retirement Income Security Act (“ERISA”). The Court’s ruling reversed and remanded claims the district court…

April 19

Class Action, ERISA

Miller Shah LLP Finalizes $12.5 Million Settlement with Universal Health Services

On March 30, 2023, U.S. District Judge Mark Kearney granted final approval of a $12.5 million settlement (“Settlement”) reached in a class action lawsuit against Universal Health Services, Inc., the Universal Health Services Retirement Plans Investment Committee (“Investment Committee”), and Does No. 1-10, who are members of the Investment Committee or other fiduciaries of the Universal Health Services, Inc. Retirement Savings Plan (“Plan”) (collectively, “Defendants” or “Universal”). The Settlement resolves…

April 14

Class Action, Antitrust

J&J Anti-Inflammatory Medication Swells Consumer Prices

On March 15, 2023, the Honorable Karen Marston of the United States District Court for the Eastern District of Pennsylvania granted final approval of a $39.8 million settlement (“Settlement”) to resolve antitrust claims against Johnson & Johnson (“J&J” or the “Company”) alleging that the company launched its “Biosimilar Readiness Plan” to block health care providers from purchasing competitor products of its infliximab biosimilar, Remicade. The Settlement previously received preliminary approval…

March 30

Class Action, ERISA

Parties Seek Preliminary Approval of $6.75 Million Settlement in LinkedIn 401(k) Suit

On March 3, 2023, Plaintiffs, Douglas G. Bailey, Jason J. Hayes, and Marianne Robinson (collectively, “Plaintiffs”), filed an unopposed motion for preliminary approval of a $6.75 million settlement (“Settlement”) of their class action litigation against LinkedIn Corporation, the Board of Directors of LinkedIn Corporation, and the LinkedIn Corporation 401(k) Committee (collectively, “LinkedIn” or “Defendants”). The Settlement resolves allegations that LinkedIn mismanaged the LinkedIn Corporation 401(k) Profit Sharing Plan and Trust…

March 14

Class Action, ERISA

Sutter Health ERISA Plaintiffs Overcome Motion to Dismiss

On February 9, 2023, the Honorable Jennifer L. Thurston of the United States District Court for the Eastern District of California determined that class action claims alleging breaches of fiduciary duties under the Employee Retirement Income Security Act (“ERISA”) survived the motion to dismiss filed by Sutter Health and the Retirement Benefits Investment Committee of Sutter Health (together, “Defendants”). ERISA is a federal statute that protects workers by establishing standards,…

March 02

Wage and Hour, Class Action

Alaska Airlines to Pay $31 Million To Virgin America Attendants in Wage and Hour Lawsuit

On January 4, 2023, a Class of California-based flight attendants for Virgin America, Inc. (“Virgin America”) and Alaska Airlines (together, the “Airlines”) obtained a settlement of nearly $31 million in resolution of the airlines’ alleged violations of the California Labor Code, California Unfair Competition Law, and California Private Attorneys General Act (“PAGA”). The action was originally brought against Virgin America in 2015 for its alleged unlawful labor practices, including failure…

March 01

Class Action, Employment, Misclassification

Rover Workers Score $18 Million Deal Over Misclassification Claims

On February 8, 2023, A Place for Rover, Inc. (“Rover” or the “Company”) agreed to pay $18 million to resolve allegations that the Company unlawfully misclassified its hourly workers as independent contractors in order to skirt certain minimum wage and benefit laws. Rover is an app-based platform where users can connect with and book dog sitters or walkers. The Rover app includes dog boarding, dog walking, house sitting and doggy…

February 13

Class Action, ERISA

Miller Shah LLP Secures $2.75 Million Settlement in L Brands ERISA Suit

On January 31, 2023, the Honorable Edmund A. Sargus, Jr. of the United States District Court for the Southern District of Ohio granted final approval of a $2.75 million settlement (“Settlement”) in a class action lawsuit against L Brands, Inc. (“L Brands”), the former parent company of Victoria’s Secret, as well as L Brand Service Company LLC and the Retirement Plan Committee of the L Brands, Inc. 401(k) Savings and…

February 01

Class Action, ERISA

New England Energy Provider Cannot Preclude a Jury Trial

On December 7, 2022, United States District Judge Janet C. Hall of the District of Connecticut partially denied the Motion to Strike Plaintiffs’ Jury Demand (“Motion”) filed by New England energy provider Eversource Energy Company (“Eversource”), the Board of Directors of Eversource Energy Company (“Board”), the Eversource Plan Administrative Committee (“Administrative Committee”), the Eversource Investment Management Committee (“Investment Committee,” and, with the Administrative Committee, “Committees”), and named members of the…

January 20

Class Action

Facebook Agrees to $725 Million Settlement to End Privacy Suit

Meta Platforms, Inc. has agreed to pay $725 million to current and former Facebook users for the platform’s alleged violation of the Stored Communications Act and the Video Privacy Protection Act, as well as to settle claims for negligence, invasion of privacy, and breach of contract. Specifically, Plaintiffs allege that Facebook’s data-sharing practices were flawed because Facebook granted numerous third parties access to Facebook users’ content and information without their…

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