The Litigation Counsellor®

On Monday, August 22, 2022, the judge in the TikTok Privacy litigation approved the $92 million settlement reached by parties via mediation in October 2021. The Order was issued by U.S. District Judge John Lee of the U.S. Federal District Court in the Northern District of Illinois, Eastern Division. Defendants are the TikTok platform and its parent company, ByteDance, Inc.

On November 16, 2021, claims were filed in the United States District Court Western District of Washington at Seattle against Zillow Group Inc. (“Zillow”) and three of its executives: Richard Barton, CEO, Allen Parker, CFO and Jeremy Wacksman, COO (collectively, “Defendants”). The plaintiff claims Defendants made misleading statements about the program, Zillow Offers.

On September 28, 2021, a motion for class certification was filed in the United States District Court for the Western District of Washington by the plaintiffs in a proposed class suit against video gaming company, Valve Corp. (“Valve”), alleging that the defendant took advantage of minor children by failing to disclose that its virtual “loot boxes” simulate online gambling.

On September 27, 2021, class claims were filed in the Court of Common Pleas of Philadelphia County against the Wurzak Hotel Group Mark LLC, which operates the Hilton Philadelphia City Avenue and the Sheraton Valley Forge properties, alleging that the defendant violated the contract entered into with the plaintiffs by refusing to refund any of the fees or deposits paid to the hotel in anticipation of the plaintiffs’ fall 2020 wedding reception, which was cancelled due to state COVID-19 restrictions.

On August 17, 2021, class claims were filed in the Circuit Court of Cook County against the Art Institute of Chicago (“AIC”) alleging that the school had engaged in the unlawful collection, use, storage and disclosure of sensitive and proprietary biometric identifiers of individuals on the AIC campus.

On July 27, 2021, class claims were filed in federal court in the Southern District of New York against insurance giant Progressive Corporation (“Progressive"), alleging that the company deceptively paid claimants less than the actual value for their vehicles that were completely destroyed.

On July 29, 2021, Black Widow star, actress Scarlett Johansson, filed suit against The Walt Disney Company (“Disney”) in the Superior Court for the State of California, alleging that Disney’s release of her latest film, Black Widow, on the Disney+ streaming service the same day as it was released in theaters was a violation of her contract.

In the complaint, the plaintiff argues that based on her impressive reputation as a reliable box office draw, Marvel Studios (“Marvel”) and its parent company Disney, agreed that her compensation for starring in Black Widow would be largely based on box office receipts generated by the movie.

On July 20, 2021, U.S. District Court Judge for the Southern District of New York Katherine Polk Failla, issued an order refusing to dismiss claims of breach of implied contract and unjust enrichment against The Manhattan School of Music (“the School”). The suit was filed by a class of disgruntled students who were forced to pay the school’s full tuition and fees for the Spring 2020 semester, despite the majority of the semester being fully virtual.

On November 25, 2020, preliminary approval was granted by U.S. District Court Judge Henry Edward Autry for a $5,000,000 settlement ending class claims between superstore giant Walmart and a class of plaintiffs who alleged that the defendant routinely and systematically breaches the terms of its return policy.

On July 10, 2020, putative class claims were filed in New Jersey federal court against RCN Telecom Services LLC (“RCN”), alleging that the telecom company engaged in a bait-and-switch and billing fraud scheme against its broadband internet customers.

On June 4, 2020, a group of teachers filed proposed class action claims against actress Reese Witherspoon and her clothing company, Draper James, claiming a promotion that promised free dresses to teachers nationwide allegedly deceived entrants into providing the defendants with sensitive personal information.

On May 29, 2020, New York-based consulting firm Deloitte Consulting, LLP (“Deloitte”) was served with class claims in federal court in the Southern District of New York, alleging that the company failed to take reasonable and adequate measures to secure the personally identifiable information (“PII”) of online unemployment applicants.

On April 23, 2020, two similar, but separate class action lawsuits were filed in the Southern District of New York and Northern District of New York by students at Columbia University and Cornell University, respectively, alleging that the Ivy League universities failed to reimburse students for tuition, fees and other costs, after the COVID-19 pandemic caused the transition to an online format. 

On April 10, 2020, class claims were filed against Six Flags Theme Park Inc., alleging that the company has continued to charge some of its customers monthly membership fees while at the same time prohibiting access to Six Flags’ various theme parks due to the ongoing COVID-19 pandemic.