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CALIFORNIA

– Antitrust, flat glass products, objectors fail to show that settlement of price fixing claims was unfair (Cal. Ct. App.), 597
– Attorneys' fee-sharing agreement not disclosed to trial court is unenforceable in later suit (Cal. Ct. App.), 739
– Consumer protection

– – Dating service contracts allegedly void, lead plaintiff dismissed for lack of standing (Cal. Ct. App.), 453
– – Disability bias, Mervyn's retail chain failed to make stores accessible to mobility-impaired customers (Cal. Ct. App.), 637
– – False advertising, cosmetic makers sued for labeling products as organic (Cal. Super. Ct.), 369
– – Lenscrafters settles suit by persons who had in-store eye exams (Cal. Super. Ct.), 465
– – Privacy

– – – Medical information shared for marketing purposes, LensCrafters and Pearle Vision settle suit (Cal. Super. Ct.), 688
– – – Refund transactions, merchant may require credit card customer's personal identification information (Cal. Ct. App.), 599

– – Product liability

– – – Coolant used by GM damaged engines, settlement approved (Cal. Super. Ct.), 345
– – – Expert testimony on window defects fails to show common issues would predominate, homeowners class denied certification (Cal. Ct. App.), 535
– – – Potato chip makers agree to reduce levels of acrylamide chemical in products (Cal. Super. Ct.), 645

– – Salmon sold by grocery stores not labeled as artificially colored, state law claims not preempted (Cal.), 142; motion to dismiss suit denied (Cal. Ct. App.), 453; (U.S., rev sought), 543
– – Telephones, early termination fees

– – – Sprint customers allege fees excessive, jury splits verdict (Cal. Super. Ct.), 515; Sprint ordered to pay $18 million to customers, 639
– – – Verizon settles suit (Cal. Super. Ct.), 596; final hearing scheduled, 693

– False advertising, Paxil drug maker cannot use collateral estoppel to block class certification (Cal. Ct. App.), 767
– Health care

– – Arbitration, Blue Cross binding arbitration clause unenforceable (Cal. Ct. App.), 380; (Cal., rev den), 589
– – Disability discrimination, Sutter Health settles ADA suit (Cal. Super. Ct.), 342
– – Hospital lacked duty to disclose discounts for patients who promptly pay bills (Cal. Ct. App.), 248
– – Medicaid, reduction of reimbursement rates enacted by state legislature, challenge suit filed by providers (Cal. Super. Ct.), 372; small pharmacies file suit, 495; denial of preliminary injunction vacated (9th Cir.), 588
– – Medical research, buyer of body parts from Willed Body Program at UCLA owed duty of care to family members (Cal. Ct. App.), 590
– – Rescission of individual insurance policies

See HEALTH INSURANCE

– – Uninsured patients allegedly overcharged, Scripps Health settles suit (Cal. Super. Ct.), 108

– Labor

– – Age bias, television writers' personal information sought for statistical analyses, Writers Guild must provide (Cal. Ct. App.), 679
– – Overtime, Sun Microsystems technical workers class certified (Cal. Super. Ct.), 410
– – Wages

See generally WAGES AND SALARIES

– Satellite television equipment dealers' dispute with DIRECTV, award of classwide arbitration remanded (Cal.), 731
– Schools, professional degree fees, refunds to graduate students ordered, university files appeal (Cal.), 19; review denied, 104
– Securities

– – Fraud, trust beneficiary claims over transfer of assets into mutual funds are preempted (Cal. Ct. App.), 94; (Cal., rev den), 386
– – Revenue sharing agreements with mutual fund companies not disclosed to customers, Edward D. Jones settles suit (Cal. Super. Ct.), 778

– Taxes, utility user tax collected by L.A. County, challenge suit filed, class certified (Cal. Ct. App.), 97
– Toxic torts, cement plant sued for not warning of chromium emissions (Cal. Super. Ct.), 557
– Unfair competition plaintiff must show injury-in-fact and causation to have standing to sue (Cal. Ct. App.), 60

CANADA

– Antitrust

– – Automobiles, export of lower-priced cars to U.S. restricted

– – – Indirect purchasers, car lessee claims (1st Cir.), In Brief, 594
– – – Nationwide injunctive relief class decertified (1st Cir.), 269

– – Price fixing, DRAM technology, class of direct and indirect memory chip purchasers denied certification (Brit. Columbia), 411
– – Price maintenance, plastics makers sue DuPont over price of resins, class certified (Ont. Super. Ct.), 14

– Environmental groups to intervene to challenge dismissal of class action nuisance claims, 337
– Privacy, data security breaches by government and financial services firm, suits filed (Q.B. Saskat.), 493
– Product liability

– – Asbestos, Canadian residents' suit dismissed by state court for forum non conveniens (R.I.), 468
– – Heart defibrillators

– – – Guidant devices, patients class certified (Ont. Super. Ct.), 328
– – – St. Jude Medical sued (Ont. Super. Ct.), 318

CARS

See MOTOR VEHICLES

CASH BALANCE PLANS

See PENSIONS

CERTIFICATION

– Analysis and Perspective articles

– – Expert reports, 604
– – Second Circuit rulings, 432

– Antitrust

– – Drugs, average wholesale price inflated, third party payor class certified for damage purposes (D. Mass.), 233
– – Medical devices, sharps containers for disposal of needle-inclusive products, class certification ruling deferred (D. Mass.), 137
– – Monopoly

See MONOPOLIZATION

– – Motor vehicles

See MOTOR VEHICLES

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

– – – Diamonds, direct and indirect purchaser classes certified (D.N.J.), 502
– – – DRAM technology, class of direct and indirect memory chip purchasers denied certification (Brit. Columbia), 411

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

– Arrestees seek to reclaim funds confiscated by Chicago police officers, class certified (N.D. Ill.), 581
– Consumer protection

– – Computers, inkjet printer cartridges' premature display of “low on ink” warnings, certification denied (N.D. Cal.), 625
– – Credit cards, FACTA privacy violations

See CREDIT CARDS

– – False advertising

See FALSE ADVERTISING

– – FDCPA

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– – Magazine subscription terms allegedly misrepresented by Best Buys retail sales clerks, customer class denied certification (S.D.N.Y.), 236
– – Product liability

See Product liability, this heading

– – Real Estate Settlement Procedures Act, brokerage fee for which no services were performed, homeowners class certified (11th Cir.), 96
– – Rental cars, Hertz customers challenge fuel service charge, class decertified (Tex. Ct. App.), 580
– – Telephones

See TELEPHONES

– – Video game maker sued for misrepresenting content of Grand Theft Auto game, settlement class decertified (S.D.N.Y.), 671

– Disability discrimination

See DISABILITY DISCRIMINATION

– Employee benefits

– – Employee stock ownership plans, prohibited transactions challenged by former Kelly-Moore employees, class certified (N.D. Cal.), 534
– – FedEx drivers claim employee status and eligibility for benefits

– – – National class certified, appeal denied (7th Cir.), 95
– – – State classes certified (N.D. Ind.), 270

– – Health insurance

– – – Prescription drug benefits, self-funded health plans sue pharmacy benefit manager for fiduciary breach, certification denied (E.D. Mo.), 620
– – – Retiree benefits, Raytheon sued for plan amendment requiring worker contributions to costs, class certified (D. Ariz.), 48

– – Pensions

See PENSIONS

– – Trade Adjustment Assistance benefits sought by former IBM software workers, certification denied (Fed. Cir.), 719

– Environment

– – Air pollution

See AIR POLLUTION

– – Toxic releases

See TOXIC TORTS

– Insurance

See HEALTH INSURANCE; INSURANCE

– International trade, food importers challenging retaliatory duties on European Union products denied certification (Ct. Int'l Trade), 449
– Job bias

See generally EMPLOYMENT DISCRIMINATION

– Medical records copying firm sued for charging excessive fees, class certified (Ark.), 377
– Natural gas leases, underpayment of royalties, owner subclass certified (Tex.), 181
– Overtime

See OVERTIME

– Product liability

– – Aircraft owners sue maker of faulty crankshafts, class decertified (E.D. Cal.), 327
– – Asbestos, building owners class suing W.R. Grace denied certification, interlocutory appeal rejected (D. Del.), 767
– – Automobiles

See MOTOR VEHICLES

– – Fosamax osteoporosis drug, medical monitoring class denied certification (S.D.N.Y.), 51
– – Genetically modified rice tainted crops, farmers class denied certification (E.D. Mo.), 673
– – Heart defibrillators, patients class certified (Ont. Super. Ct.), 328
– – Hormone replacement drugs, plaintiff is inadequate class representative, certification denied (S.D. Cal.), 184
– – Peanut butter tainted by salmonella, consumers class denied certification (N.D. Ga.), 623
– – Silzone heart valves, patients class decertified (8th Cir.), 324
– – Windows

– – – Expert testimony fails to show common issues would predominate, homeowners class denied certification (Cal. Ct. App.), 535
– – – Inert gas-filled window purchasers class certified (E.D. Wis.), 375

– Securities fraud

See generally SECURITIES FRAUD

– Taxation

See TAXATION

– Wages

See WAGES AND SALARIES

CHILDREN

– Delinquent girls challenge conditions of confinement at state facility (W.D. Tex.), 495
– False advertising, fruit juice snacks for toddlers, deceptive packaging claims against Gerber reinstated (9th Cir.), 381
– Foster care, state services inadequate, suit alleges (N.D. Okla.), 133
– Health insurer entitled to discovery of insured children's Internet postings about eating disorders (D.N.J.), 143
– Product liability

– – Lead paint, Thomas the Tank Engine toy maker settles suit (Ill. Cir. Ct.), 108; insurer has duty to defend toy maker (N.D. Ill.), 589
– – Paxil antidepressant prescribed for pediatric use, maker settles third party payer claims (D. Minn.), 466; objections to settlement filed, 682
– – Plastic baby bottles made with bisphenol-A chemical, suit filed (W.D. Mo.), 367

CIGARETTES

See TOBACCO INDUSTRY

CITIES

See STATE AND LOCAL GOVERNMENT

CITIZENSHIP

See ALIENS AND CITIZENSHIP

CIVIL PROCEDURE

– Aggregate litigation, draft principles of law approved by Am. Law Inst., 430; amendments to aggregate settlement chapter considered, 479
– Appeals

See APPEALS

– Certification of classes

See CERTIFICATION

– Choice of law

– – Analysis not required prior to court's certification of class (Ark.), 504
– – Consumer contracts, ban on class actions under N.Y. law unenforceable in Wash. (Wash.), 722

– Class Action Fairness Act

See CLASS ACTION FAIRNESS ACT

– Class representatives

See LEAD PLAINTIFFS

– Collateral estoppel cannot be used by Paxil drug maker to block class certification in false advertising suit (Cal. Ct. App.), 767
– Discovery

See DISCOVERY

– Evidence

See EVIDENCE

– Injunctions, job bias, court reviewing proposed Morgan Stanley settlement seeks briefs on valuation of injunctive relief (N.D. Cal.), 21; preliminary approval of settlement, 154
– Intervention

See INTERVENTION

– Judgments

See JUDGMENTS

– Jurisdiction

See JURISDICTION
– – Removal

See REMOVAL JURISDICTION

– Limitations periods

See STATUTES OF LIMITATIONS

– Multidistrict litigation

See MULTIDISTRICT LITIGATION (MDL)

– Pleadings, false advertising of computers, Dell purchaser claims dismissed for defining failsafe classes, plaintiffs may amend (N.D. Cal.), 634
– Preemption

See PREEMPTION

– Private right of action, product liability, consumer cannot contest exclusion of Puerto Rico vehicles from Hyundai recall (U.S., rev den), 379
– Private Securities Litigation Reform Act

See SECURITIES FRAUD

– Process, service cannot be avoided by foreign defendants with U.S. subsidiaries (N.D. Cal.), 770
– Res judicata, jury findings from state court suit against cigarette makers denied preclusive effect in federal court (M.D. Fla.), 729
– Securities Litigation Uniform Standards Act

See SECURITIES FRAUD

– Settlements

See SETTLEMENTS

– Standing

See STANDING

– Venue

See VENUE

CIVIL RIGHTS

– ADA

See DISABILITY DISCRIMINATION

– Job bias

See EMPLOYMENT DISCRIMINATION

CLASS ACTION FAIRNESS ACT

– Appeal of remand order after removal must be made “not less than 7 days after entry” of order (7th Cir.), 583
– Federal courts' workload has increased after Act, study issued, 351
– Guidance to attorneys on pleadings and interpreting Act, Analysis and Perspective, 747
– Removal jurisdiction

– – Hurricane Katrina

– – – Insurance suit filed by La. attorney general on behalf of state and private citizens properly removed (5th Cir.), 337
– – – Nursing home operator sued for failure to protect residents, local controversy exception requires remand of suit (E.D. La.), 238

– – “Mass action,” whether suit qualifies for removal may be determined at any stage of litigation (7th Cir.), 635; Analysis and Perspective, 701
– – Minimum amount in controversy not met, suit against Playtex remanded (S.D. Cal.), 238
– – Newly substituted defendant may remove suit filed prior to Act (7th Cir.), 461
– – Price fixing by insurers, La. attorney general's parens patriae suit properly removed (5th Cir.), 627
– – Product liability

– – – Nautilus fitness machine maker seeks to remove suit (W.D. Ark.), 99
– – – Smokers' suit removed even though cigarette makers plan to seek severance of cases and individual trials (M.D. Fla.), 775

– – Recurring issues, Analysis and Perspective, 395
– – Securities

– – – Countrywide sued over mortgage-backed securities, removal denied (9th Cir.), 584
– – – State law claim removable (2d Cir.), 414

– – Toxic chemical leak from Dow Chemical facility, suit removed (E.D. La.), 278
– – Viatical settlements, investor suit improperly removed (N.D. Cal.), 724
– – Wage and hour claims by Servisair workers, remand to state court denied (N.D. Cal.), 730

– Workplace lawsuits, impact of Act on, study released, 77

COATINGS

See PAINTS AND COATINGS

COLLEGES

See SCHOOLS

COMPUTERS

– Antitrust, DRAM technology price fixing

– – Direct and indirect purchasers class denied certification (Brit. Columbia), 411
– – Foreign computer maker's suit against chip makers dismissed (9th Cir.), 736

– Arbitration, class action ban in Dell Computer sales contract unenforceable (N.M.), 540
– Consumer fraud, BlueHippo sued for deceptive sales practices, trial date set (N.D. Cal.), 677
– Electronic commerce

See ELECTRONIC COMMERCE

– Employee benefits

– – 401(k) plans, Dell did not breach fiduciary duty to diversify assets (W.D. Tex.), 552
– – Trade Adjustment Assistance benefits sought by former IBM workers, certification denied (Fed. Cir.), 719

– False advertising claims against Dell dismissed for defining failsafe classes, plaintiffs given leave to amend (N.D. Cal.), 634
– Inkjet printer cartridges programmed to display “low on ink” warnings prematurely, consumer class denied certification (N.D. Cal.), 625
– Internet

See INTERNET

– Overtime

– – Apple network support workers file suit (S.D. Cal.), 667
– – Cadence Design Systems settles FLSA and state law claims (N.D. Cal.), 688
– – Dell customer sales representatives class certified (D. Or.), 578
– – Sun Microsystems technical workers class certified (Cal. Super. Ct.), 410

– Product liability

– – Apple settles suit over defective power adaptors (N.D. Cal.), 422
– – Sony Vaio computers with defective solder joints, suit dismissed (N.D. Cal.), 602

– Securities fraud suit alleging firm misrepresented development of novel memory technology, dismissed (8th Cir.), 466
– Software

– – Malicious code inserted by maker that disabled functionality, purchaser suit dismissed (D.N.J.), 545
– – Microsoft sued for deceptive marketing of “Windows Vista Capable” computers, nationwide consumer class certified (W.D. Wash.), 188

CONFERENCES AND MEETINGS

– Ed. Note: A list of upcoming conferences and meetings appears at the end of selected issues.
– ABA

See AMERICAN BAR ASSOCIATION (ABA)

– American Law Inst., 430; 479
– Cardozo School of Law conference on the role of class actions, 304
– Insider trading, JDS Uniphase verdict, 111
– Multidistrict litigation, Tulane Law Review conference, 213
– Natl. Academy of Arbitrators annual meeting, 478
– Natl. Employment Lawyers Ass'n annual meeting, 563
– Product liability, Vioxx drug settlement, 74
– RSA Data Security Conference, 354
– Securities fraud, Stoneridge decision

– – D.C. Bar, 163
– – Practising Law Inst., 164

– Washington Legal Foundation, 256

CONFIDENTIALITY

See PRIVACY

CONGRESS, U.S.

– Ed. Note: For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.

CONNECTICUT

– Antitrust

– – Auto body repair shops allege unfair trade practices by Hartford Fire Insurance, class certified (Conn.), 450
– – State attorney general may file parens patriae suit for general economic damages (Conn.), 349

– Municipal bonds receive artificially low credit ratings, Conn. attorney general suit alleges, 647
– Privacy, Bank of N.Y. York Mellon sued for loss of computer tapes containing customer data (Conn. Super. Ct.), 443

CONSTITUTIONAL LAW

– Freedom of speech, ratings of attorneys are protected speech (W.D. Wash.), 23
– Full faith and credit, preclusive effect of product liability nationwide settlement that was not disclosed to plaintiff (N.J.), 685
– Search and seizure, National Security Agency warrantless electronic surveillance program, challenge suit filed (N.D. Cal.), 760

CONSTRUCTION

See BUILDING AND CONSTRUCTION

CONSUMER CREDIT

– Credit cards

See CREDIT CARDS

– Credit monitoring services, consumer must arbitrate dispute with (3d Cir.), 18
– FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

– FDCPA

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– Loans

See LOANS

– Mortgages

See MORTGAGES

CONSUMER PROTECTION

– Arbitration

See ARBITRATION

– Automated teller machines, customers received adequate notice of fees (6th Cir.), 735
– Computers, inkjet printer cartridges programmed to display “low on ink” warnings prematurely, certification denied (N.D. Cal.), 625
– Credit transactions

See CONSUMER CREDIT

– Drugs

See generally PHARMACEUTICALS

– False advertising

See FALSE ADVERTISING

– Fraud

See FRAUD

– Gambling statute does not allow recovery of text messaging fee by television viewer who participated in “Lucky Case Game” (Ga.), 390
– Hospital's understaffing of nurses allegedly endangered patients, claims reinstated (10th Cir.), 457
– Internet

– – Comcast sued for interfering with customers' peer-to-peer file sharing (D. Or.), 615
– – Earthlink sued over early termination fees, class certified (Ga. Ct. App.), 625

– Magazine subscription terms allegedly misrepresented by Best Buys retail sales clerks, customer class denied certification (S.D.N.Y.), 236
– Privacy

– – Electronic transactions

See ELECTRONIC COMMERCE

– – Financial privacy

See FINANCIAL PRIVACY

– – Identity theft

– – – ChoicePoint data broker settles suit over sale of personal information to identity thieves (N.D. Ga.), 105
– – – Social Security number stolen from county clerk's Web site, victim's constitutional privacy rights not violated (6th Cir.), 203

– – Medical information shared by LensCrafters and Pearle Vision for marketing purposes, suit settled (Cal. Super. Ct.), 688
– – Telephones

See TELEPHONES

– Product safety

See PRODUCT SAFETY AND LIABILITY

– Real Estate Settlement Procedures Act

– – Brokerage fee for which no services were performed, homeowners class certified (11th Cir.), 96
– – Kickback ban not violated by pricing agreement between Countrywide and Landsafe (11th Cir.), 107

– Rental cars, Hertz customers challenge fuel service charge, class decertified (Tex. Ct. App.), 580
– Settlements

See SETTLEMENTS

– Telephones

See TELEPHONES

– Tobacco products

See TOBACCO INDUSTRY

CONTRACTS

– Employment contract breach by Allstate, insurance agent suit may proceed (N.D. Ill.), 296
– Public contracts

See GOVERNMENT CONTRACTS

CORPORATIONS

– Antitrust

See ANTITRUST

– Mergers

See MERGERS AND ACQUISITIONS

– Securities

See SECURITIES
– – Fraud

See SECURITIES FRAUD

– Shareholder derivative suits

– – Bristol Myers Squibb directors sued for lack of oversight over officers' misconduct in generic drug litigation, suit dismissed (S.D.N.Y.), 774
– – Deference to special litigation committee recommendations (Minn.), In Brief, 733

COUNSEL

See ATTORNEYS

CREDIT CARDS

– American Express mandatory arbitration clause, cardholder waived right to file class suit (8th Cir.), 731
– Antitrust

– – Intervention in merchant suit against Visa and MasterCard (E.D.N.Y.), In Brief, 638
– – Mandatory arbitration imposed by card issuers, cardholder claims revived (2d Cir.), 379
– – Tying of credit cards and debit cards, Visa and MasterCard settle suit, 106

– Convenience checks included in cardholder billing statements, Cal. disclosure law preempted (9th Cir.), 105
– Privacy

– – Card number truncation violations

– – – Best Buys' failure to truncate card data on electronic sales receipts, customer class certified (N.D. Ill.), 234
– – – Compliance by merchants discussed by ABA conferees, 354
– – – E-mail confirmation of online transaction not subject to truncation requirement (S.D. Fla.), 597

– – DSW retailer database breached, customers lack standing to sue (Ohio Ct. Com. Pl.), 737
– – Expiration date printed on receipt

– – – Buffalo Wild Wings customer class certified (N.D. Ill.), 234
– – – Jewel Food Stores customer class certified (N.D. Ill.), 322
– – – Legislation to clarify merchant liability

See LEGISLATION, FEDERAL, HR 4008

– – – Red Lantern Inn customer class certified (N.D. Ill.), 11
– – – Uncle Julio's customer class certified (N.D. Ill.), 273
– – – Verizon proposed settlement of customer claims vacated (W.D. Pa.), 508

– – Payment Card Industry Data Security Standards, conferees discuss, 354
– – Refund transactions, merchant may require customer's personal identification information (Cal. Ct. App.), 599
– – Supermarket chain Hannaford sued for data security breach (D. Me., M.D. Fla., D.N.H.), 225; more suits filed (D. Me., M.D. Fla., N.D.N.Y.), 266; multidistrict litigation panel asked to consolidate suits (J.P.M.L.), 332; suits consolidated, 519; interim lead counsel appointed (D. Me.), 622
– – TJX retailer settles MasterCard suit for damages from customer data security breach, 293

CREDIT REPORTS

– FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

CRIMINAL LAW AND PROCEDURE

– Arrestees seek to reclaim funds confiscated by Chicago police officers, class certified (N.D. Ill.), 581
– Bribery of state judge, attorney Scruggs pleads guilty (N.D. Miss.), 241
– Correctional facilities

– – Adult detainees

See PRISONS AND JAILS

– – Delinquent girls challenge conditions of confinement at state facility (W.D. Tex.), 495

– Kickbacks to lead plaintiffs from Milberg Weiss law firm

– – Harm to class members from scheme, law professor analysis of, 478
– – House GOP seeks hearing on abuses of securities class suits, 431
– – Lazar sentenced (C.D. Cal.), 100
– – Lerach, former partner sentenced (C.D. Cal.), 151
– – Selzer pleads guilty (C.D. Cal.), 592
– – Settlement with DOJ, Milberg Weiss admits to illegal scheme (C.D. Cal.), 507
– – Weiss, co-founder of firm, to plead guilty (C.D. Cal.), 244; sentencing, 455

– Perjury in securities fraud cases, expert witness to plead guilty (E.D. Pa.), 245
– Police

See POLICE

– Search and seizure, National Security Agency warrantless electronic surveillance program, challenge suit filed (N.D. Cal.), 760

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