The Supreme Court affirmed the class certification order entered by the district court against Lewis and Clark County related to the County's practice of conducting strip searches of detainees arrested for non-felony offenses, holding that the district court did not abuse its discretion.Plaintiffs alleged that they were each arrested for a misdemeanor or traffic offenses and that each of them were subjected to a strip search as part of the booking process at the Lewis and Clark County Detention Center without reasonable suspicion to believe they were concealing a weapon or contraband. The district court granted Plaintiffs' motion to certify a class and defined the class to focus on the County’s “policy or practice of conducting strip searches or visual body cavity searches of detainees who may be placed into general custody.” The Supreme Court affirmed, holding that the district court did not certify an overly broad class and did not abuse its discretion by certifying the class action lawsuit. View "Rogers v. Lewis & Clark County" on Justia Law

Adam saw advertisements for free samples of beauty products, which implied that she need only pay for shipping and handling. Adam ordered two free samples and purchased another item. She was charged $9.94 for shipping and $14.99 for the purchased item. Soon thereafter, Adam was unexpectedly charged $92.94, which resulted in an overdraft of her checking account. A company representative told Adam that “she had agreed" to pay the full amount if she kept the "free samples" and that Adam would need to return the items before refunds could be issued. Adam, not trusting the company, refused to return the items, then called her bank, which temporarily reversed the charge but ultimately reinstated it. Adam contends that her bank was misled by the “false-front scheme” and that the charge would have been reversed but for the defendants’ misrepresentations.Adam filed a putative class-action suit, alleging violations of (or conspiracy to violate or aiding and abetting violation of): multiple California laws; the Electronic Fund Transfer Act, 15 U.S.C. 1693–1693r; the RICO Act, 18 U.S.C. 1961–1968; and consumer laws. The Third Circuit reversed the dismissal of the suit. Adam has standing; she was not made whole by the refund offer; she has neither received a refund nor accepted any alternative. Defendants’ conduct could provide but-for causation for Adam’s financial harm and a restitution order would redress that harm. View "Adam v. Barone" on Justia Law

Plaintiffs, each a retiree of PPG Industries, Inc. (“PPG”), or the surviving spouse of such a retiree, initiated a putative class action— following the termination of Plaintiffs’ retiree life insurance coverage under the PPG Employee Life and Other Benefits Plan (the “Benefits Plan” or the “Plan”).   The district court awarded summary judgment to the PPG defendants on all claims, without ruling on the class certification issue. On appeal, Plaintiffs contested the summary judgment award as to three counts of the Complaint, that is, Counts I, VII, and VIII.   The Fourth Circuit identified a genuine dispute of material fact with respect to the Count I claim that retiree life insurance coverage was “vested” in eligible employees working for PPG during the 15-year period from 1969 to 1984 (the “vesting claim”). The court explained that it agrees with Plaintiffs that if their retiree life insurance coverage were ever a vested benefit, PPG could not rely on the later-added reservation of rights clause to terminate that coverage.Accordingly, the court vacated vacate the judgment as to the vesting claim and remanded for consideration of whether the termination of Plaintiffs’ retiree life insurance coverage contravened the Employee Retirement Income Security Act of 1974 (“ERISA”), 29 U.S.C. Section 1001 et seq. View "Charles Bellon v. The PPG Employee Life and Other Benefits Plan" on Justia Law

A 2015 Wired magazine article described a controlled hack of a Jeep Cherokee driven by one of the magazine’s journalists. Cybersecurity researchers exploited a vulnerability in the Jeep’s “uConnect” infotainment system, designed by Harman, for installation in vehicles manufactured by FCA (formerly Chrysler). FCA immediately issued a recall and provided a free software update to patch the vulnerability. Federal regulators supervising the recall determined that the patch eliminated the vulnerability. Other than the Jeep in the Wired test, no other vehicle was successfully hacked.Four plaintiffs sued FCA and Harman on behalf of every consumer who had purchased or leased a 2013–2015 Chrysler vehicle equipped with the uConnect infotainment system, asserting federal and state warranty and consumer-fraud claims. The plaintiffs argued that although the alleged defect never manifested again after the Wired hack, they paid more for their vehicles than they would have if they had known about the cybersecurity vulnerability. After discovery closed, faced with a factual challenge to standing, the plaintiffs failed to provide evidence in support of their claimed overpayment injury.The Seventh Circuit affirmed the dismissal of the case. When litigation moves beyond the pleading stage and Article III standing is challenged as a factual matter, plaintiffs cannot rely on mere allegations of injury; they must provide evidence of a legally cognizable injury in fact. These plaintiffs continued to rely on allegations and legal arguments. View "Flynn v. FCA US LLC" on Justia Law

Google sent an email to users, such as Plaintiff, who had contributed photos to Google maps but had not yet joined the company’s Local Guides Program, inviting them to join the program. Plaintiff joined the Local Guides program and claimed his terabyte of free Google Drive storage. Google advised him the benefit was for two years, and Plaintiff contended that when he read the initial email, he assumed Google was offering a lifetime benefit. In ruling on Google’s summary judgment motion, the district court considered three documents – the photo impact email, the enrollment page, and the Program Rules - and concluded that they did not constitute a unilateral contract offer for one terabyte of free Google Drive storage for life.   The Ninth Circuit affirmed the district court’s summary judgment. The court explained that advertisements are not typically understood as offers, but that rule includes an exception for offers of a reward. The operative question under California law is “whether the advertiser, in clear and positive terms, promised to render performance in exchange for something requested by the advertiser, and whether the recipient of the advertisement reasonably might have concluded that by acting in accordance with the request a contract would be formed.”   The court reasoned that the Google documents at issue neither informed users how they might conclude the bargain, nor invited the performance of a specific act, leaving nothing for negotiation. The court held that the district court properly granted summary judgment to Google on Plaintiff’s conversion and breach of contract claims. View "ANDREW ROLEY V. GOOGLE LLC" on Justia Law

Plaintiff alleged that corporate executives at Align Technology, Inc., a medical device manufacturer best known for selling “Invisalign” braces, misrepresented their company's prospects in China.   The Ninth Circuit affirmed the district court’s dismissal of the securities fraud class action under Sections 10(b), 20(a), and 20A of the Securities Exchange Act of 1934 and Rule 10b-5. The court rejected as unsupported Defendants’ argument that their statements could not be considered false at the time they were made because Plaintiff did not allege sufficient facts to make plausible the inference that the rate of Align’s growth in China had begun to decline significantly when the challenged statements were made. The court concluded that former employees’ reports, viewed alongside circumstantial evidence of the short period of time between the twelve challenged statements and the downturn of Align’s prospects in China, sufficiently supported the inference that Align’s growth in China had slowed materially when the statements were made.   The court held that the district court correctly found that six of the challenged statements were non-actionable “puffery,” which involves vague statements of optimism expressing an opinion that is not capable of objective verification. The district court also correctly found that the remaining six statements did not create a false impression of Align’s growth in China and so were not actionable. Having determined that all of the challenged statements were nonactionable, the panel declined to reach issues of scienter and control-person or insider-trading liability. View "MACOMB COUNTY EMPL. RET. SYS. V. ALIGN TECHNOLOGY, INC." on Justia Law

Appellant American Plan Administrators (“APA”) appealed an order transferring to the Southern District of Florida its motion to quash a third-party subpoena. Appellee South Broward Hospital District (“South Broward”), which obtained the subpoena, moved to dismiss the appeal as taken from a non-final order. APA opposed, arguing that the collateral order doctrine applies to permit our review of the order.   At issue was whether an order transferring a motion to quash a third-party subpoena to the court that issued the subpoena, pursuant to Federal Rule of Civil Procedure 45(f), is immediately appealable under the collateral order doctrine or is instead a non-final order that may be effectively reviewed after final judgment.   The Second Circuit granted Appellee’s motion and dismissed the appeal. The court held that a Rule 45(f) transfer order is non-final and not immediately appealable under the collateral order doctrine because it may be effectively reviewed by the transferee circuit after final judgment. View "Am. Plan Adm'rs v. S. Broward Hosp. Dist." on Justia Law

FAS is in the business of pre-foreclosure property preservation for the residential mortgage industry. Bowerman contracted with FAS as a vendor. Bowerman alleged that FAS willfully misclassified him and members of a putative class as independent contractors, rather than employees, resulting in failure to pay overtime compensation and to indemnify them for their business expenses.The Ninth Circuit reversed the district court’s certification of a class of 156 individuals who personally performed work for FAS, reversed partial summary judgment in favor of the class, vacated an interim award of more than five million dollars in attorneys’ fees, and remanded. The class members failed to demonstrate that FAS’s liability was subject to common proof or that “damages are capable of measurement on a classwide basis,” Fed. R. Civ. P. 23(b)(3). The district court erred in finding no triable issue of material fact as to the employment relationship. There were genuine disputes of material fact: whether the vendors were free from FAS’s control, and whether they were engaged in an independently established trade, occupation, or business. The facts supported the conclusion that the vendors performed services for FAS in the usual course of FAS’s business. There was also a genuine dispute of material fact as to whether the class members ever incurred reimbursable expenses or worked overtime. On remand, the district court may consider a “joint employment” issue for class members who own or operate distinct legal entities. View "Bowerman v. Field Asset Services, Inc." on Justia Law

Plaintiff and his counsel, Anderson + Wanca (“Wanca”), appealed the district court’s denial of their motion for Wanca to receive a portion of the attorneys’ fees resulting from the settlement of a class-action lawsuit brought under the Telephone Consumer Protection Act of 1991 (“TCPA”), 47 U.S.C. Section 227. Wanca, while not appointed as class counsel in this case, began the chain of litigation that resulted in the settlement below and so contends that it provided a substantial and independent benefit to the class justifying a portion of the attorneys’ fees.   The Eleventh Circuit affirmed the district court’s ruling. The court explained that while the court did find that Wanca has shown it provided one substantial and independent benefit to the class, Wanca’s prioritization of its interests over the class’s interests throughout the litigation forecloses the equitable relief Wanca seeks.   The court explained that non-class counsel is generally entitled to a portion of a common fund recovered in a class action as attorneys’ fees under Rule 23(h) if non-class counsel confers a substantial and independent benefit to the class that aids in the recovery or improvement of the common fund.  Here, the mere fact that Wanca devoted substantial time and effort to litigating this class action does not entitle Wanca to attorneys’ fees. Simply put, most of the 671.95 hours Wanca spent litigating Arkin I and II did not aid in the recovery or improvement of the common fund obtained under the Pressman Settlement in Arkin III. View "Steven Arkin, et al. v. Smith Medical Partners, LLC, et al." on Justia Law

The Eighth Circuit affirmed the district court’s approval of a settlement between Defendant Monsanto and Plaintiffs. The court held that the district court did not abuse its discretion in concluding the notice to the class was sufficient or in concluding that payment to class members of 50% of the average weighted retail price of the items they purchased fully compensated the class members.    Plaintiffs filed suit pleading multiple claims arising out of the allegedly deceptive labeling of Roundup products manufactured by Monsanto. The parties agreed to a total Common Fund. They agreed that Monsanto would not object to Plaintiffs’ counsel seeking 25% of that amount as an attorney’s fee. Class members who filed claims were to receive 10% of the average retail price for the product(s) they bought, and any remaining funds after the costs of administration would be distributed cy pres. The parties executed a Second Corrected Class Action Settlement Agreement that made four changes to the initial agreement.   Appellant, a party injured by Roundup, made three objections to the settlement, all of which she renewed on appeal. First, she argued that the district court should have (1) required the parties to take additional steps to identify additional class members and (2) increased the pro-rata portion of the Common Fund up to 100% of the weighted average retail price. The court held the district court did not abuse its discretion in concluding that notice to the class was sufficient in light of the comprehensive notice plan and the estimated results from the claims administrator.Further, the court wrote that cy pres distribution of residual funds pursuant to the settlement agreement neither constitutes speech by any individual class member nor infringes on their First Amendment rights. View "Lisa Jones v. Anna St. John" on Justia Law