Justia Class Action Opinion Summaries

Plaintiff was involved in a motor vehicle accident caused by another driver. As a result of the accident, Plaintiff sustained both bodily injury and property damage. Plaintiff carried an automobile insurance policy through United Services Automobile Association General Indemnity Company (USAA). USAA paid vehicle repair and car rental costs, after which it sought subrogation for the property damage expenses from the tortfeasor’s automobile liability insurer. Plaintiff subsequently filed an action on behalf of himself and a putative class of plaintiffs, alleging that USAA violated Montana law by seeking subrogation for property damage loss before its insured had been made whole with respect to related personal injuries. The U.S. district court certified a question to the Montana Supreme Court, which answered by holding that Montana law does not prohibit an insurer from exercising its right of subrogation under the limited, specific circumstances presented in the certified question.View "Orden v. United Servs. Auto. Ass’n" on Justia Law

Plaintiff filed a putative class action suit against Home Service on behalf of customer service managers who were not reimbursed for expenses pertaining to the work-related use of their personal cell phones. The court held that when employees must use their personal cell phones for work-related calls, Labor Code section 2802 requires the employer to reimburse them; whether the employees have cell phone plans with unlimited or limited minutes, the reimbursement owed is a reasonable percentage of their cell phone bills; and, because the trial court relied on erroneous legal assumptions about the application of section 2802, the court reversed the order denying certification to the class. On remand, the trial court shall reconsider the motion for class certification in light of the court's interpretation of section 2802. View "Cochran v. Schwan's Home Service" on Justia Law

Defendant-Employer Tilly’s Inc. (and World of Jeans & Tops, Inc.) hired plaintiff-respondent Maria Rebolledo to work in its warehouse from July 6, 2000, to December 28, 2001. She was rehired on January 28, 2002, and terminated October 30, 2012. In December 2012 she filed a lawsuit on behalf of herself and a putative class of "similarly situated" persons (amended February 2013) alleging her Employer: (1) failed to provide meal periods; (2) failed to provide rest periods; (3) failed to pay wages of terminated or resigned employees; (4) knew and intentionally failed to comply with itemized wage statement provisions; and (5) violated the unfair competition law. Furthermore, plaintiff sought enforcement of Private Attorneys General Act of 2004. Upon review of the matter, the Court of Appeal agreed with the trial court's conclusion the parties' arbitration agreement expressly excluded statutory wage claims from the arbitration obligation. Therefore, the order was affirmed.View "Rebolledo v. Tilly's, Inc." on Justia Law

Regions appealed the district court's decision to certify a class action based on alleged misrepresentations about Regions' financial health before and during the recent economic recession. The court vacated and remanded for further proceedings in light of Halliburton Co. v. Erica P. John Fund, Inc. to allow consideration of Region's evidence of price impact and for the district court to review the duration of the class period. The court affirmed in all other respects. View "Local 703, et al. v. Regions Financial Corp., et al." on Justia Law

Plaintiff-appellant Richard Salzer received medical care at an SSM Healthcare of Oklahoma (SSM) facility for injuries he sustained in an accident. At the time of his treatment, he had a health insurance plan (the "Plan"). Salzer entered into a contract with SSM to receive its services (the "Hospital Services Agreement"), under which he "authorized disclosure of [his] medical information for billing purposes and authorized [his] health insurance company to pay." SSM had an existing contract with Salzer's health insurance company (the "Provider Agreement") which required SSM to submit covered medical charges to Salzer's insurance company and accept discounted payment from the insurer. Although the Provider Agreement prohibited SSM from seeking payment for a covered charge from Salzer, SSM sought the non-discounted amount directly from him. Salzer sued SSM alleging breach of contract and other state law claims based on SSM's attempt to collect payment for medical care from Salzer instead of his health insurance company. SSM removed the case to federal district court. Salzer challenged the district court's denial of his motion to remand based on its determination that his claims were completely preempted by the Employee Retirement Income Security Act of 1974 (ERISA). Finding no reversible error, the Tenth Circuit affirmed the district court. View "Salzer v. SSM Health Care of Oklahoma" on Justia Law

Plaintiffs in this case were former shareholders of McMoRan Exploration Company (MMR). Plaintiffs challenged MMR’s acquisition by Freeport-McMoRan Copper & Gold, Inc. The case settled, and the only remaining issue was an award to Plaintiff of their attorneys’ fees and expenses upon the Court of Chancery’s discretion. After a consideration of numerous factors, the most important of which was the benefits achieved by Plaintiffs for the shareholder class, the Court of Chancery concluded that the appropriate award of fees and expenses for the efforts of Plaintiffs’ attorneys was $2.4 million.View "In re McMoRan Exploration Co. Stockholder Litig." on Justia Law

Eight African-American Secret Service agents were certified by the district court to sue the Secretary on behalf of a class comprising of all similarly situated agents who were denied promotions to the GS-14 and GS-15 level. The government sought interlocutory review of the class certification order under Rule 23(f). The court concluded that none of the district court's rulings in support of its order certifying the plaintiff class is foreclosed by controlling precedent and the unsettled questions are not likely to evade end-of-the-case review. Accordingly, the court declined to review the district court's order. View "In re: Jeh Johnson" on Justia Law

Plaintiff filed a securities class action contending that AIG and its board of directors wrongfully reduced the value of certain securities issued by AIG. The court affirmed the district court's dismissal of the suit for lack of subject matter jurisdiction because the Securities Litigation Uniform Standards Act of 1998 (SLUSA), 15 U.S.C. 77p(d) and 78bb(f)(3), does not confer federal jurisdiction over plaintiff's state-law claims. View "Campbell v. AIG, et al." on Justia Law

The Hawaii AG filed suit in state court against six credit card providers, alleging that each violated state law by deceptively marketing and improperly enrolling cardholders in add-on credit card products. The card providers removed to federal court and the AG moved to remand. The district court denied the motion to remand. The court concluded that the state law claims were not preempted by the National Bank Act of 1864, 12 U.S.C. 85-86. The court joined the Fifth Circuit in holding that sections 85 and 86 did not completely preempt the claims, as there is a difference between alleging that certain customers are being charged too much, and alleging that they should have never been charged for the service in the first place. Therefore, the AG did not plead a completely preempted claim and the district court erred in finding federal question jurisdiction. The court agreed with its sister circuits in holding that the Class Action Fairness Act of 2005 (CAFA), 28 U.S.C. 1332(d), does not completely preempt state law. Because the complaints unambiguously disclaimed class status, these actions cannot be removed under CAFA. There is no basis for federal jurisdiction and the cases should have been remanded to state court. Accordingly, the court reversed and remanded. View "State of Hawaii v. HSBC Bank of Nevada" on Justia Law

Plaintiffs initially filed suit in state court seeking to enjoin defendant insurers under New York law from obtaining reimbursement of medical benefits from plaintiffs' tort settlements. Defendants removed to federal court where the district court granted defendants' motion to dismiss under Rule 12(b)(6). The court held that plaintiffs' claims did not satisfy the Supreme Court's test for being subject to complete Employee Retirement Income Security Act of 1974 (ERISA), 29 U.S.C. 1001 et seq., preemption, which would have conferred federal subject-matter jurisdiction; such jurisdiction exists, however, under the Class Action Fairness Act (CAFA), 28 U.S.C. 1332(d); therefore, the court reached the merits of the express preemption defense and concluded that N.Y. Gen. Oblig. Law 5-335 is saved from express preemption under ERISA section 514, as a law that "regulates insurance;" and therefore, the court vacated and remanded for further proceedings. View "Wurtz v. The Rawlings Co." on Justia Law