Class Action Litigation Report® Index-Summary

ACCOUNTANTS

– Job discrimination, partnership policies at PricewaterhouseCoopers, EEOC charge dually filed in N.Y. and D.C. (D.C. Cir.), 150
– Securities fraud, Deloitte settlement of Delphi investor claims (E.D. Mich.), In Brief, 28

ACCOUNTING

– Securities fraud

– – Coca-Cola investors allege accounting violations that inflated value of stock, suit dismissed (11th Cir.), 66
– – H & R Block's improper practices, restatement of financial data (W.D. Mo.), In Brief, 205
– – Xerox settles investor suit over revenue recognition scheme, 295

ACQUISITIONS

See MERGERS AND ACQUISITIONS

ADA (AMERICANS WITH DISABILITIES ACT)

See DISABILITY DISCRIMINATION

ADEA (AGE DISCRIMINATION IN EMPLOYMENT ACT)

See also EMPLOYMENT DISCRIMINATION
– Cash balance plans, El Paso Corp. workers class conditionally certified (D. Colo.), 253

ADR

See ALTERNATIVE DISPUTE RESOLUTION (ADR)

ADVERTISING

– Drugs

See PHARMACEUTICALS

– False advertising

See FALSE ADVERTISING

– Internet

– – Google sued by AdWords customers whose ads were placed on parked and error Web sites (N.D. Cal.), 574
– – Yahoo sued for breach of contract, class action waiver clause may be unconscionable (C.D. Cal.), 413

– Motor vehicles, ads inserted into vehicle registration renewal notices, plaintiffs must decide how to proceed with privacy suits after 1 suit dismissed (M.D. Fla.), 382
– Telephone Consumer Protection Act

See TELEPHONES

AGE DISCRIMINATION

– Job bias

See EMPLOYMENT DISCRIMINATION

– Pensions

– – Cash balance plans

– – – El Paso Corp. workers class conditionally certified (D. Colo.), 253
– – – Second Circuit finds plans not age-biased (2d Cir.), 601

– – Pension equity formula used in hybrid plan not discriminatory (D. Colo.), 556

AGRICULTURE

See also FOOD
– Data security breach by Canadian government of farmers' personal information, suit filed (Q.B. Saskat.), 493
– False advertising of chickens “raised without antibiotics,” multidistrict litigation panel asked to consolidate suits against Tyson Foods (E.D. Ark.), 533
– Job discrimination, poultry processing firm settles claims of black job applicants (DOL), 295
– Migrant workers, minimum wage claims

– – Blueberry harvesters class denied certification (W.D. Mich.), 9
– – Fla. grower sued by farmworkers (S.D. Fla.), 45

– Monopoly, Monsanto corn seed, farmers class denied certification (3d Cir.), 321
– Monopsony, chicken processing firm liable for unfair practices with poultry growers (E.D. Okla.), 204
– Protective gear, compensation for donning and doffing time

– – Gold 'n Plump poultry processing workers' claims, court approves settlement (D. Minn.), 197
– – Tyson Foods workers cannot intervene in FLSA suit (11th Cir.), 252

– RICO, hiring illegal aliens to depress wages, Tyson Foods sued by poultry processing workers, suit dismissed (E.D. Tenn.), 155

AIR POLLUTION

– Canadian class action nuisance claims dismissed, public interest groups to intervene to challenge, 337
– Cement plant sued for not warning of chromium emissions (Cal. Super. Ct.), 557
– Diesel exhaust injuries, Analysis and Perspective, 33
– Oil refinery emissions, homeowners' verdict reinstated (Ill. App. Ct.), 501
– Particulate matter from coal-burning electric plant, homeowners lack proof for geographic scope of class, certification denied (W.D. Ky.), 272

AIR TRANSPORTATION

– 401(k) plans, Northwest machinists lack standing to sue fiduciaries of pilots' plan (8th Cir.), 196
– Job discrimination

– – ADEA suit by Federal Aviation Admin. workers (D.D.C.), In Brief, 472
– – Layoff of American Airlines reservation agents, suit alleges age and sex bias (S.D. Ohio), 175
– – Pay bias claims of black Boeing workers time-barred (9th Cir.), 194

– Military leave, employee benefits not credited to pilots while serving on, American Airlines settles DOJ suit (N.D. Tex.), 347
– Price fixing, fuel surcharges paid by airline passengers, British Airways and Virgin Airlines settle U.S. and U.K. claims (E.D.N.Y.), 157
– Product liability

– – Engine crankshafts, airplane owners class decertified (E.D. Cal.), 327
– – Thrust reverser defect alleged cause of Brazilian airline crash, wrongful death suits filed (S.D. Fla.), 299

– Skycaps illegally deprived of tips after American Airlines began $2 per bag service charge (D. Mass.), 300; second lawsuit filed (D. Mass.), 407; American ends no-tipping ban, skycaps to seek class certification, 459

ALABAMA

– Toxic torts, chemical plant contaminated nearby residents' property, maker moves to dismiss claims as time-barred (Ala. Cir. Ct.), 560

ALIENS AND CITIZENSHIP

– Border wall along Tex. boundary with Mexico, coalition of cities and counties sues Homeland Security Dep't (D.D.C.), 409
– Hiring of illegal aliens

– – Construction firm sued for hiring undocumented workers and misclassifying them as independent contractors (N.J. Super. Ct.), 228
– – RICO scheme to depress wages, Tyson Foods sued by poultry processing workers, suit dismissed (E.D. Tenn.), 155
– – Temporary employment agency raided by federal agents is sued for wage and hour violations (Ill. Cir. Ct.), 575

– Migrant workers, minimum wage claims, class denied certification (W.D. Mich.), 9
– Naturalization applications, Citizenship and Immigration Services sued for untimely processing of (E.D. Mo.), 496
– Overtime, bakery workers' state law opt-out class action certified (E.D.N.Y.), 187
– Temporary guestworkers under H-2B visa program allege fraud and human trafficking by U.S. employer (E.D. La.), 227

ALTERNATIVE DISPUTE RESOLUTION (ADR)

– Arbitration

See ARBITRATION

– European firms seek to avoid complexities of U.S. legal system, survey released, 352

AMERICANS WITH DISABILITIES ACT (ADA)

See DISABILITY DISCRIMINATION

ANALYSIS & PERSPECTIVE

– Arbitration of complex claims, 564
– Class Action Fairness Act, recurring issues, 395
– Class certification rulings by Second Circuit, 432
– European countries' adoption of features of U.S. class actions, 257
– Expert reports, consideration at certification stage, 604
– Mass torts, diesel exhaust injuries, 33
– Medical monitoring, arguments against, 522
– Multidistrict litigation

– – Strategies for defendants, 79
– – Tulane Law Review conference, 213

– Notice to class members

– – Nationwide settlements, 113
– – On-demand media, future role of, 307

– Securities fraud

– – Class actions in London, England, 356
– – Stoneridge decision on scheme liability, 166
– – Subprime mortgage class actions, 482

ANTITRUST

– Attorney-client privilege, Intel ordered to produce outside counsels' investigation notes on deletion of e-mail evidence (D. Del.), 416
– Automobiles

See MOTOR VEHICLES

– Boycotts, Lenox tableware maker's settlement approved by court, funds will be used to pay expert witness fees (N.D. Cal.), 27
– Credit cards

See CREDIT CARDS

– Drugs

See PHARMACEUTICALS

– Hospital mergers, court refuses to dismiss challenge suit as untimely filed (N.D. Ill.), 457
– Medical devices

– – Sharps containers for disposal of needle-inclusive products, class certification ruling deferred (D. Mass.), 137
– – Urological catheter maker must defend suit (E.D. Mo.), 143

– Monopolies

See MONOPOLIZATION

– Price discrimination, music CDs, retailers class denied certification (C.D. Cal.), 50
– Price fixing

– – Airline passengers assessed fuel surcharges, British Airways and Virgin Airlines settle U.S. and U.K. claims (E.D.N.Y.), 157
– – Automotive refinishing paint, settlements approved by court (E.D. Pa.), 70
– – Diamonds, De Beers' settlement of claims approved by court (D.N.J.), 502
– – DRAM technology, class of direct and indirect memory chip purchasers denied certification (Brit. Columbia), 411
– – Electrical carbon products, settlements approved (D.N.J.), In Brief, 72
– – Flash memory products, plaintiffs may not conduct discovery before filing complaint (N.D. Cal.), 60
– – Flat glass products, objectors fail to show that settlement was unfair (Cal. Ct. App.), 597
– – Insurance brokers and consultants, state attorney general may file parens patriae suit for general economic damages (Conn.), 349
– – Micron Technologies shareholders file securities fraud suit over inflated value of stock, class certified (D. Idaho), 8
– – Municipal derivatives sellers and brokers sued for bid-rigging on guaranteed investment contracts (N.D. Cal.), 319
– – Oil royalty payments suit settled, cy pres distribution of settlement funds ordered (S.D. Tex.), 67
– – Physician reimbursement claims are subject to arbitration clause in provider contracts with insurers (Mo. Ct. App.), 593
– – Pressure sensitive labelstock (M.D. Pa.), In Brief, 595
– – Railroad freight fuel surcharges, co-lead counsel named for direct purchaser suit (D.D.C.), 246

– Price maintenance, plastics makers sue DuPont over price of resins, class certified (Ont. Super. Ct.), 14
– Restraint of trade

– – Drug maker Amgen sued for tying sales of its oncology drugs, La. attorney general withdraws suit (E.D. La.), 346
– – Telephones, Apple iPhone buyers required to buy AT&T services, interim lead counsel appointed (N.D. Cal.), 383; amended complaint filed, 407
– – Visa and MasterCard settle suit over tying of credit cards and debit cards, 106

– Securities, short sellers' claims against brokerage firms dismissed (S.D.N.Y.), 68
– Tax preparation services, Free File Alliance sued for charging excessive fees to electronically file returns, taxpayers may file amended claim (E.D. Pa.), 458

APPEALS

– Arbitration decisions, scope of judicial review may not be expanded by agreement of parties (U.S., vac), 276
– Gasoline additive makers cannot immediately appeal court decision allowing water pollution claims under commingled product theory (S.D.N.Y.), 559
– Job bias plaintiffs denied class certification, motion for interlocutory review untimely filed (3d Cir.), 329
– Removal of suit under Class Action Fairness Act, appeal of remand order must be made “not less than 7 days after entry” of order (7th Cir.), 583

ARBITRATION

– Antitrust, physicians' price fixing claims are subject to arbitration clause in provider contracts with insurers (Mo. Ct. App.), 593
– Appeals of arbitrator's rulings, scope of judicial review may not be expanded by agreement of parties (U.S., vac), 276
– Complex claims, use of arbitration to resolve, Analysis and Perspective, 564
– Consumers

– – Cell phone contracts, class action waivers

See TELEPHONES

– – Credit card issuers sued for imposing mandatory arbitration, cardholder claims revived (2d Cir.), 379
– – Credit monitoring services, consumer must arbitrate dispute with (3d Cir.), 18
– – Dell Computer ban on class actions unenforceable (N.M.), 540
– – Health insurance, Blue Cross binding arbitration clause unenforceable (Cal. Ct. App.), 380; (Cal., rev den), 589
– – Loan contract clause barring class actions is unconscionable (N.C.), 102
– – Payday loans, trial court must reconsider unconscionability of mandatory arbitration clause (N.C. Ct. App.), 386

– Labor

– – Class action employment arbitration discussed by conferees, 478
– – 401(k) plans, Northwest Airlines workers' fiduciary breach claims are subject to mandatory arbitration (8th Cir.), 196
– – Job bias

– – – Mandatory arbitration clause in employment contract unenforceable due to prohibitive cost (N.D. Ill.), 149
– – – Sterling Jewelers retail sales workers, arbitrator to hear sex bias claims (S.D.N.Y.), 591

– – Layoffs, recall of fired workers and back pay ordered by arbitrator, 421
– – Overtime

– – – Circuit City may be barred from enforcing class action waiver (U.S., rev den), 275
– – – KFC assistant managers cannot arbitrate claims after FLSA collective action was decertified (D. Minn.), 56

– – Wages, Long John Silver's restaurant workers may proceed with opt-out arbitration of FLSA claims (4th Cir.), 101

– Medical transcription firm waived right to arbitrate hospital suit over billing practices (3d Cir.), 18
– Securities

– – Citigroup may arbitrate investor suit despite removing suit and seeking transfer to multidistrict litigation court (Tex.), 413
– – WorldCom employee's award for investment losses sent back to arbitrator for clarification (2d Cir.), 147

ARIZONA

– Employee benefits suit by city workers, notice of claim must contain “specific amount” for which claim can be settled (Ariz. Ct. App.), 418

ARKANSAS

– Medical records copying firm sued for charging excessive fees, class certified (Ark.), 377
– Product liability

– – Fitness machines, Nautilus moves to strike amended complaint, and remove suit to federal court (Ark. Cir. Ct., W.D. Ark.), 99
– – Parking brake defects, GM vehicle owners class certified (Ark.), 504

ARMED SERVICES

– Agent Orange herbicide makers shielded by government contractor defense from veterans' injury claims (2d Cir.), 284
– Disability benefits, veterans suffering from post traumatic stress disorder may proceed with suit over handling of claims (N.D. Cal.), 61
– Job discrimination, DOD hiring freeze on federal annuitants allegedly age-biased, class certification denied (6th Cir.), 579
– Military leave, employee benefits not credited to pilots while serving on, American Airlines settles DOJ suit (N.D. Tex.), 347

ASBESTOS

– Canadian residents' product liability suit dismissed for forum non conveniens (R.I.), 468
– W.R. Grace reaches proposed settlement of product liability claims (Bankr. D. Del.), 287

ATTORNEYS

– Bribery of state judge, attorney Scruggs pleads guilty (N.D. Miss.), 241
– Ethics

– – Disqualification of law firm from representing television reality show workers in wage suits denied (Cal. Ct. App.), 461
– – Unauthorized practice of law, mortgage lenders' document preparation fees (Mo.), In Brief, 286

– Fees

See ATTORNEYS' FEES

– Files of lead counsel, absent class member lacks automatic right of access to (N.Y. App. Div.), 63
– Inadequate representation of class interests

– – Drug pricing litigation, lawyer struck from (D. Mass.), 55
– – Monopoly plaintiffs denied class certification, court concerned over lawyer's ability (Mass. Super. Ct.), 139
– – Securities fraud class counsel found unfit to serve after buying documents stolen from defendant Coca-Cola (N.D. Ga.), 186; suit settled, court gives preliminary approval, 555

– Kickbacks from Milberg Weiss law firm to lead plaintiffs

See CRIMINAL LAW AND PROCEDURE

– Malpractice during antitrust counseling to drug firm, lawyer must defend claims (N.D.W. Va.), 57
– Privileged communications

– – ERISA fiduciary breach suits (M.D.N.C.), In Brief, 195
– – Outside counsels' investigation notes on deletion of e-mail evidence in antitrust suit, Intel ordered to produce (D. Del.), 416

– Ratings of lawyers are protected free speech (W.D. Wash.), 23
– Securities fraud

See SECURITIES FRAUD

– State attorneys general, hiring of private lawyers to litigate suits, conferees discuss, 256

ATTORNEYS' FEES

– Common benefit doctrine

– – Guidant defibrillator product liability suits, lead counsel ordered to justify fees request (D. Minn.), 160; court sets aside $34.5 million for common-benefit fees fund, 254; court refuses to reconsider ruling, 302
– – Medtronic product liability suits, hearing set on proposed allocation of fees (D. Minn.), 511

– Contingent fee award to class counsel, expert testimony as to reasonableness not required (Wis. Ct. App.), 100
– Disqualification for unethical conduct, law firm denied fees award (D. Minn.), 27
– Liaison counsel may seek fees for preparation work for mini-trial (D.N.J.), 460
– Lodestar fee calculation must be based on prevailing hourly rate in relevant community (9th Cir.), 383
– Mergers, shareholder who achieved higher tender offer price by contesting settlement in parallel suit may be awarded fees (Del.), 56
– Premium fee must be paid to law firm engaged to help with litigation, even though it withdrew before case was settled (9th Cir.), 282
– Retiree health benefits, Unisys breached fiduciary duty, fees award (E.D. Pa.), In Brief, 561
– Securities fraud

– – Bad faith withdrawal from suit, plaintiffs liable for fees and costs of defendants (Del. Ch.), 240
– – Prevailing defendant's fees paid by plaintiffs' lawyer

See LEGISLATION, FEDERAL, HR 5463

– – Reduced fees awarded for “less than stellar” representation (S.D.N.Y.), 58

– Settlements, court's allocation of fees to class counsel must be open and fact-based (5th Cir.), 147

AUTOMOBILES

See MOTOR VEHICLES

AVIATION

See AIR TRANSPORTATION