Class Action Roundup – July 22

Apple Facing AppleCare+ Lawsuit

Apple is facing a class action lawsuit for replacing its devices with refurbished units under AppleCare+. According to the suit, the practice of replacing its customers’ damaged devices with refurbished ones goes against the AppleCare+ contract. Named plaintiffs in the case – Vicky Maldonado and Joanne McRight – claim that their replacement devices didn’t work as well as they expected, which goes against Apple’s statement that the replacements would be “equivalent to new in performance and reliability.” For more information on the Apple “refurbished” argument and other details, check out this article by Chance Miller over at 9to5 Mac.

NCAA Settles Concussion Suit

A $75 million settlement between the NCAA and its players over concussion risks was granted preliminary approval on Thursday. According to the settlement terms, the money is to be used to set up a 50-year medical monitoring program for college athletes and a research program dedicated to the prevention and treatment of concussions. The settlement also says that the NCAA has to make sure that medical personnel that are properly trained in the diagnosis and treatment of concussions are present at contact sports games. However, this probably won’t be the end of the line for the NCAA’s concussion lawsuits, as the settlement is allowing for further litigation for personal injury litigation. The details of the settlement were also outlined in this USA Today article by Steve Berkowitz – check it out for more information.

Philly UberBlack Driver Lawsuit Lives On

Uber’s attempt to toss a wage and hour lawsuit with its Philadelphia UberBlack drivers was denied on Thursday. Judge Michael Baylson determined that in spite of the arbitration clause in the driver’s contacts, the case should be allowed to continue. Uber’s drivers are claiming that they were misclassified as independent contractors and denied proper overtime wages. Thanks to philly.com’s Jane M. Von Bergen for this coverage.

Delta, AirTran Class Action Given Green Light

A lawsuit claiming that Delta Air Lines and AirTran worked together to implement first-checked-bag fees has finally been granted class certification. The lawsuit was filed in 2009, and it essentially hit the airlines with antitrust claims, meaning that it was believed that the airlines worked together so they could both charge more in fees without driving off business. Now that the case can proceed as a class action, it could potentially compensate more than 28 million travelers. Check out Mary Beth Quirk’s consumerist.com article for more.