Recent Results

In Re Michaels Stores, Inc., No. 11-cv-10920 (D. Mass.).  State-wide class action alleging that Michaels Stores unlawfully collected consumers’ private information.  After securing a groundbreaking decision by the Massachusetts Supreme Judicial Court, establishing that consumers whose privacy has been violated may bring consumer protection claims against companies that unlawfully collect personal identification information, the lawyers of FBFG were appointed as co-lead class counsel and negotiated a class-wide settlement, which the Court approved.

Wise v. Energy Plus Holdings, LLC, No. 1:11-cv-07345 (S.D.N.Y.).  Nationwide class action alleging that Energy Plus falsely claimed to offer competitive electricity rates when its prices are substantially higher than market rates in violation of New York Gen. Bus. L. § 349 and other consumer protection laws.  On September 17, 2013, the Court certified the class, appointed the lawyers of FBFG as lead class counsel, and approved the settlement valued at over $11 million.Wise v. Energy Plus Holdings, LLC, No. 1:11-cv-07345 (S.D.N.Y.).  Nationwide class action alleging that Energy Plus falsely claimed to offer competitive electricity rates when its prices are substantially higher than market rates in violation of New York Gen. Bus. L. § 349 and other consumer protection laws.  On September 17, 2013, the Court certified the class, appointed the lawyers of FBFG as lead class counsel, and approved the settlement valued at over $11 million.

Brenner v. Kohl’s Corporation, No. 13-cv-10935 (D. Mass.).  State-wide class action alleging that Kohl’s unlawfully collected consumers’ personal identification information.  On March 12, 2014, the Court granted final approval to a settlement and appointed the lawyers of FBFG as class counsel.

Quinn v. Walgreen, No. 12-8187 (S.D.N.Y.).  Nationwide settlement valued at $2.8 million to resolve Plaintiffs’ claim that Defendant’s glucosamine products did not perform as represented.  On March 24, 2015, the Court certified the class, appointed FBFG lawyers as Co-Lead Class Counsel and approved a nationwide $2.8 million settlement.

Zellagui v. MCD Pizza, LLC, No. 14-cv-1475 (E.D. Pa.).  State-wide class action alleging minimum wage violations.  The Court appointed the lawyers of FBFG as lead class counsel and entered a judgment of $4.5 million.

Brenner v. J.C. Penney Company, Inc., No. 13-cv-11212 (D. Mass.).  State-wide class action alleging that J.C. Penney unlawfully collected consumers’ personal identification information.  On October 10, 2013, the Court granted final approval to a settlement valued at $3.56 million and appointed the lawyers of FBFG class counsel.

Bellaspica v. PJPA, LLC, No. 13-3014 (E.D. Pa.).  The Court denied defendant’s motion to dismiss and granted conditional certification of an FLSA class of pizza delivery drivers who alleged minimum wage violations.  The parties recently reached a class settlement and Plaintiffs anticipate moving for preliminary approval shortly.

Miller v. MAC Cosmetics, Inc., No. 13-cv-1350 (D. Mass.).  State-wide class action alleging MAC unlawfully collected consumers’ personal identification information.  On March 2, 2016, the Court granted final approval to a settlement that is believed to have awarded participating class members the highest amount per person obtained in any Massachusetts personal identification information and appointed the lawyers of FBFG as class counsel.

Saint Joseph Health System Medical Information Cases, JCCP No. 4716 (Cal. Sup. Ct.).  Complex class action on behalf of approximately 31,800 patients who were victimized by a data breach.  An FBFG lawyer was appointed co-lead class counsel.  The Court denied Saint Joseph’s demurrer and the Court of Appeals upheld that ruling.  The Court certified a class and denied Saint Joseph’s summary judgment motion; the Court of Appeals upheld those rulings as well.  On February 4, 2016, the Court finally approved a settlement valued at approximately $35 million.  This settlement, which was reached on the eve of trial, provides the more money per capita to individual class members than any other known data breach settlement.