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Category Archives: Class Action

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MLB Will Pay Minor League Baseball Players $185 Million to Settle a Wage and Hour Class Action Lawsuit

On August 26, 2022, Chief Magistrate Judge Joseph C. Spero of the United States District Court for the Northern District of California (the “Court”) preliminarily approved a $185 million settlement (the “Settlement”) between classes of minor league baseball players (“minor leaguers” or “Plaintiffs”) and Major League Baseball and its 30 member Clubs (“MLB” or “Defendants”) in a wage and hour class action lawsuit that proceeded for more than eight years.…

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Capital One Sued for Mismanagement of $7.85 Billion 401(k) Plan

On August 1, 2022, Andre Hall and Jermaine Minitee (collectively, “Plaintiffs”) filed a complaint on behalf of themselves and similarly situated class members against Capital One Financial Corporation (“Capital One” or “Defendants”) in the United States District Court for the Eastern District of Virginia. Capital One is the plan sponsor for the Capital One Financial Corporation Savings Plan (the “Plan”). As of December 31, 2020, the Plan had over 60,000…

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Alarm Bells Ring: Consumer Action to Proceed Against Home Security System

On August 3, 2022, the Honorable John C. Coughenour of the United States District Court for the Western District of Washington denied the motion to dismiss a consumer class action lawsuit against Ring LLC (“Ring” or “Defendant”), the home security system subsidiary of Amazon. Plaintiff, Michelle Wise (“Plaintiff”), individually and on behalf of a putative class of all others similarly situated, alleges that Ring violated Sections 15(a) and 15(b) of…

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Cintas Corporation files Petition for Writ of Certiorari after Sixth Circuit Appeal is Denied

On September 8, 2022, Cintas Corporation (“Cintas” or “Defendants”) filed a petition for a Writ of Certiorari (“Petition”) after the United States Court of Appeals for the Sixth Circuit affirmed the Southern District of Ohio’s denial of a motion to compel arbitration. The Sixth Circuit upheld the District Court’s determination that the defined contribution Cintas Partners’ Plan (the “Plan”) had not consented to arbitration and, therefore, did not fall within…

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Spirit Airlines Faces FMLA and Unlawful Termination Lawsuit

On September 2, 2022, Plaintiff, Grace Flannery (“Plaintiff") filed a complaint on behalf of herself and similarly situated class members against her former employer, Spirit Airlines Inc. (“Defendant” or “Spirit”), in the United States District Court for the Southern District of Florida. Spirit is a major commercial airline headquartered in Miramar, Florida that serves more than 90 destinations across the U.S., Latin America, and the Caribbean. Plaintiff, represented by Nathan…

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L Brands Settles ERISA 401(k) Class Action for $2.75 Million

On August 11th, 2022, Plaintiffs filed a Motion for Preliminary Approval of the settlement agreement reached in a class action lawsuit against L Brands, Inc., L Brands Service Company, LLC, and its Retirement Plan Committee (collectively, “L Brands,” the “Company,” or “Defendants”). The lawsuit was brought on behalf of participants and beneficiaries of L Brands Inc. 401(k) Savings and Retirement Plan (the “Plan”). L Brands, otherwise known as Bath &…

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Universal Decision Paves Way for Future ERISA Class Actions

On June 30, 2022, the Honorable Edward G. Smith of the United States District Court for the Eastern District of Pennsylvania certified a class of over 63,000 former employees and retirees of B. Braun Medical Inc. (the “Company”) in a class action lawsuit brought under the Employee Retirement Income Security Act of 1974 (“ERISA”). The decision follows the Third Circuit’s recent ruling in Boley v. Universal Health Systems. ERISA is…

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Employees Sue Microsoft for Investing in Inferior 401(k) Funds

On August 2, 2022, Justin Beldock, Gordon Broward, and Shaadi Nezami (collectively, “Plaintiffs”) filed a complaint on behalf of themselves and similarly situated class members against their former employer, Microsoft Corporation (“Microsoft”), in the United States District Court for the Western District of Washington. Microsoft is the plan sponsor for the Microsoft Corporation Savings Plus 401(k) Plan (“the Plan”). As of December 31, 2020, the Plan had over 135,000 participants…

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Rush University Medical Center Shells Out $2.95M in ERISA Settlement

On June 27, 2022, counsel for the proposed class and counsel for Defendants Rush University Medical Center (“RUMC”), the Board of Trustees of Rush University Medical Center, the Rush University Medical Center Investment Committee, and the Rush University Medical Center Administrative Committee (collectively, “Defendants”) jointly filed a status report notifying the court that they reached a settlement in their 401(k) plan mismanagement litigation. According to the settlement agreement, RUMC will…

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Eversource Judge Denies Motion for Summary Judgment

On July 29, 2022, the Honorable Janet C. Hall, a district judge in the United States District Court for the District of Connecticut, denied Defendants’ multipronged motion for summary judgment in its entirety. This denial comes shortly after the Court granted Plaintiffs’ motion for class certification in May. In moving for summary judgment, Defendants sought to establish that they were entitled to judgment as a matter of law because the…

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