Justia Class Action Opinion SummariesArticles Posted in Personal Injury
Earl v. Boeing
Plaintiffs allege that Boeing and Southwest Airlines defrauded them by, among other things, concealing a serious safety defect in the Boeing 737 MAX 8 aircraft. The district court certified four classes encompassing those who purchased or reimbursed approximately 200 million airline tickets for flights that were flown or could have been flown on a MAX 8.In reviewing Defendants' interlocutory appeal, the Fifth Circuit reversed the district court. The court found that Plaintiffs lacked Article III standing because they failed to allege any concrete injury. View "Earl v. Boeing" on Justia Law
Tammie Thompson v. Ciox Health, LLC
Plaintiffs were injured in unspecified accidents and treated by South Carolina health care providers. Seeking to pursue personal injury lawsuits, Plaintiffs requested their medical records from the relevant providers. Those records—and accompanying invoices—were supplied by defendants Ciox Health, LLC and ScanSTAT Technologies LLC, “information management companies” that retrieve medical records from health care providers and transmit them to requesting patients or patient representatives. Claiming the invoiced fees were too high or otherwise illegal, Plaintiffs filed a putative class action against Ciox and ScanSTAT in federal district court. The district court dismissed the complaint and the Fourth Circuit affirmed. The court explained that South Carolina law gives patients a right to obtain copies of their medical records, while capping the fees “a physician, or other owner” may bill for providing them. However, the statutory obligations at issue apply only to physicians and other owners of medical records, not medical records companies. View "Tammie Thompson v. Ciox Health, LLC" on Justia Law
Jones v. Admin of the Tulane Educ
Two former students of Tulane University, on behalf of a putative class of current and former students, sued the University for failing to provide a partial refund of tuition and fees after Tulane switched from in-person instruction with access to on-campus services to online, off-campus instruction during the COVID-19 pandemic. The district court agreed with Tulane that the student's complaint should be dismissed for failure to state a claim. The Fifth Circuit reversed and remanded. The court concluded that the claim is not barred as a claim of educational malpractice because the Students do not challenge the quality of the education received but the product received. Second, the court rejected Tulane’s argument that the breach-of-contract claim is foreclosed by an express agreement between the parties because the agreement at issue plausibly does not govern refunds in this circumstance. And third, the court concluded that Plaintiffs have not plausibly alleged that Tulane breached an express contract promising in-person instruction and on-campus facilities because Plaintiffs fail to point to any explicit language evidencing that promise. But the court held that Plaintiffs have plausibly alleged implied-in-fact promises for in-person instruction and on-campus facilities. Moreover, the court found that the Students’ alternative claim for unjust enrichment may proceed at this early stage. Finally, genuine disputes of material fact regarding whether Plaintiffs saw and agreed to the A&DS preclude reliance on the agreement at this stage. Thus, Plaintiffs have plausibly alleged a claim of conversion. View "Jones v. Admin of the Tulane Educ" on Justia Law
Christine Vitello v. Natrol, LLC
Plaintiff saw Cognium, a “nutraceutical” manufactured by Natrol, on sale. Cognium, according to Natrol’s advertising, improves memory and concentration. Its packaging stated that Cognium is “powered by Cera-Q, a natural protein from silkworm cocoons,” and can improve “Memory Recall Efficiency” by 90% when taken twice daily for four weeks. The box claimed that “nine clinical studies in adults, seniors and children showed statistically significant improvements in memory and cognition in 4 weeks or less when taken as directed.” Plaintiff filed a putative class action complaint against Natrol, seeking damages for herself and establishment of a National Class and Missouri Consumer Subclass. Plaintiff alleged that, prior to her purchases of Cognium, two of the nine clinical studies noted on its packaging had been retracted, including one for “data fabrication and falsification.” With Plaintiff’s individual claims dismissed, the court determined the sole named plaintiff could not represent the purported class and dismissed the entire action. On appeal, Plaintiff argued the district court erred in granting summary judgment dismissing her MMPA and unjust enrichment claims. The Eighth Circuit affirmed. The court explained that here Plaintiff purchased a product that expressly stated on the label it was “not intended to” do what she stated she purchased it for, serve as a substitute treatment for her prescription medication. Thus, for Plaintiff the actual value of the Cognium she purchased, and the value of Cognium without Natrol’s alleged marketing misrepresentations was “zero.” The benefit of the bargain rule does not apply in this situation, so Plaintiff cannot prove that she suffered ascertainable loss “as a result of” Natrol’s unlawful practice. View "Christine Vitello v. Natrol, LLC" on Justia Law
Moore v. Centrelake Medical Group, Inc.
Appellants are patients at medical facilities operated by respondent Centrelake Medical Group. In reliance on Centrelake’s allegedly false representations that it employed reasonable safeguards for patients’ personal identifying information (PII), Appellants entered into contracts with Centrelake. Appellants brought an action against Centrelake on behalf of themselves and a putative class of patients affected by a data breach. The complaint contained causes of action for breach of contract, negligence, and violations of the Unfair Competition Law (UCL). Centrelake demurred, arguing that Appellants had failed to adequately plead any cognizable injury and that their negligence claim was barred by the economic loss rule. Appellants opposed the demurrer. On appeal, Appellants contend the court erred in sustaining the demurrer with respect to each of their claims and abused its discretion in denying their request for leave to amend. The Second Appellate District affirmed the judgment with respect to the dismissal of Appellants’ negligence claim without leave to amend, but reverse with respect to Appellants’ UCL and contract claims. The court concluded that Appellants adequately alleged UCL standing and contract damages under their benefit-of-the-bargain theory, and the Appellant who purchased monitoring services, did the same under Appellants’ monitoring-costs theory. However, Appellants have not shown the court erred in dismissing their negligence claim under the economic loss rule; nor have they shown the court abused its discretion in denying their request for leave to amend. View "Moore v. Centrelake Medical Group, Inc." on Justia Law
Hyland v. Navient Corporation
A group of public servants who had contacted Navient for help repaying their loans (collectively, “Plaintiffs”) filed a putative class action lawsuit, alleging that Navient had not “lived up to its obligation to help vulnerable borrowers get on the best possible repayment plan and qualify for PSLF.” Navient moved to dismiss the amended complaint under Federal Rule of Civil Procedure 12(b)(6) for failure to state a claim, which the district court granted in part, dismissing all claims except “the claim brought under New York’s General Business Law Section 349”. The district court certified a class for settlement purposes under Federal Rule of Civil Procedure 23(b)(2) and approved the settlement as “fair, reasonable, adequate,” and “in the best interest of the Settlement Class as a whole.” Two objectors now appeal that judgment, arguing that the district court erred in certifying the class, approving the settlement, and approving service awards of $15,000 to the named Plaintiffs. The Second Circuit affirmed concluding that the district court did not abuse its discretion in making any of these determinations. The court explained that here, the amended complaint plausibly alleged that the named Plaintiffs were likely to suffer future harm because they continued to rely on Navient for information about repaying their student loans. At least six of the named Plaintiffs continue to have a relationship with Navient. That is enough to confer standing on the entire class. Further, the court explained individual class members [in fact] retain their right to bring individual lawsuits,” and the settlement does not prevent absent class members from pursuing monetary claims. View "Hyland v. Navient Corporation" on Justia Law
Henley v. Biloxi H.M.A.
This is an appeal from a district court’s grant of a Rule 12(b)(6) motion to dismiss for failure to state a claim. Plaintiff sought a declaratory judgment that Defendant Biloxi H.M.A., L.L.C., doing business as Merit Health Biloxi (“Merit Health”), a hospital, has a duty to disclose that it charges a “facility fee,” also referred to as a “surcharge,” to all emergency room patients who receive care at its facility. The district court, making an Erie guess informed by the Mississippi Supreme Court’s references to, and partial application of, the Restatement (Second) of Torts Section 551, determined that Merit Health did not have a duty to disclose because the surcharge was not a “fact basic to the transaction”, and it, therefore, granted the motion to dismiss. The Fifth Circuit reversed and remanded. The court explained that in applying relevant legal precepts, the court thinks that the Mississippi Supreme Court would hold that Plaintiff has sufficiently alleged facts that Merit Health had a duty to exercise reasonable care to disclose the surcharge. First, Plaintiff alleged that the surcharge was a material fact. Second, Plaintiff alleged that Merit Health was aware that patients like her were unaware of the surcharge, but nonetheless failed to disclose it. Third, Plaintiff alleged that she had a reasonable expectation of disclosure because Merit Health holds itself out to be a “caring community-based organization” and patients like her expected Merit Health to disclose the surcharge based on the confidence and trust that they placed in the hospital. View "Henley v. Biloxi H.M.A." on Justia Law
Lisa Jones v. Anna St. John
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
McIntosh v. Royal Caribbean Cruises, Ltd.
In this maritime negligence case involving a "cruise to nowhere," plaintiff filed a class action complaint against Royal Caribbean, on behalf of other similarly situated cruise ship passengers, alleging several tort theories, including negligence, intentional infliction of emotional distress, and negligent infliction of emotional distress. Plaintiff alleged that Royal Caribbean canceled her cruise because of Hurricane Harvey and offered refunds only on the day the cruise ship was set to sail. Because the ticket contracts provided that no refunds would be given for passenger cancelations within 14 days of the voyage, and because Royal Caribbean repeatedly told passengers that they would lose their entire payments for the cruise if they canceled, the plaintiffs claimed that they were forced to travel to Galveston and nearby areas (like Houston) as Hurricane Harvey approached. Therefore, plaintiff alleged that, while in Texas, they were forced to endure hurricane-force conditions, and suffered physical and emotional injuries.The Eleventh Circuit reversed the district court's dismissal of the complaint for lack of subject matter jurisdiction and remanded for further proceedings. The court concluded that the district court committed two errors in ruling that diversity jurisdiction was lacking in this case, and each one provides an independent basis for reversal. First, the district court failed to give the plaintiffs notice of its intent to sua sponte address the matter of diversity jurisdiction. Second, putting aside the aggregation of damages issue, the district court failed to consider whether any individual plaintiff had satisfied the $75,000 amount-in-controversy requirement. On remand, the district court should also consider whether there is maritime jurisdiction. Because of the uncertainty over jurisdiction, the court did not address the class action waiver or the claims for intentional infliction of emotional distress and negligent infliction of emotional distress. View "McIntosh v. Royal Caribbean Cruises, Ltd." on Justia Law
Dougan v. Sikorsky Aircraft Corp.
The Supreme Court affirmed the judgment of the trial court rendered in favor of Defendants on Plaintiffs' medical monitoring claims stemming from a workplace asbestos exposure at Sikorsky Aircraft Corporation's cogeneration project in Stratford, holding that the trial court properly granted Defendants' motion for summary judgment.The named plaintiff brought a class action complaint against Sikorsky and Carrier Corporation, alleging negligence, battery, recklessness, and strict liability for violations of the federal Clean Air Act, 42 U.S.C. 7401 et seq. and seeking remedies for asbestos exposure while working at the Sikorsky cogeneration project. The trial court granted Defendants' motion for summary judgment. In so doing, the court declined to recognize a cause of action for medical monitoring under Connecticut law that would allow recovery for an increased risk of future injury rather than a present injury. The Supreme Court affirmed, holding that, even if this Court were to recognize a medical monitoring claim in the absence of any physical manifestation of injury under Connecticut law, Plaintiffs nevertheless failed to establish a genuine issue of material fact as to certain elements of the claim. View "Dougan v. Sikorsky Aircraft Corp." on Justia Law