Class Action Litigation Report® Index-Summary

CAFA

CALIFORNIA

– AOL forum selection clause designating Va. as forum for disputes violates Cal. public policy (9th Cir.), 120
– Arbitration, clickwrap class action waiver in E*Trade agreement not unconscionable under Va. law (C.D. Cal.), 125
– Bar review courses, secret attorney incentive agreements are conflict of interest in antitrust settlement (9th Cir.), 433
– Cell phones, actual injury must be shown under Cal. Legal Remedies Act, service agreement claim may proceed (Cal.), 127; rehearing denied, 328
– Cellular telephone system standards, end-customer injuries from patent license terms too remote to support standing (S.D. Cal.), 287
– Cigarettes, standing and reliance requirements apply only to class representatives in deceptive advertising claims (Cal.), 469
– Consumer protection law not applicable to business purchases (N.D. Cal.), 490
– Credit cards, retailer collection of consumer ZIP codes does not violate state law (Cal. Ct. App.), 30
– Disability discrimination

– – Fast-food chain, wheelchair user has standing to assert access claims against unvisited locations (N.D. Cal.), 277
– – Online travel sites agree to settle claims they failed to provide accessible hotel rooms (Cal. Super. Ct.), 138

– Electronics, citizenship of national retailer determined by substantial predominance of operations for CAFA jurisdiction (9th Cir.), 223
– False advertising, pasta sauce advertisement of “all natural” ingredients, claim not preempted (N.D. Cal.), 181
– Flea collars, NRDC files claims for lack of cancer warnings (Cal. Super. Ct.), 420
– Health care

– – Blood factor concentrates, Taiwanese contamination claims may proceed in California (N.D. Ill.), 68; claims time-barred in both Taiwan and California, 377
– – Emergency room physicians, claims for state reimbursement program (Cal. Super. Ct.), 106
– – Eye surgery laser, patients properly denied class certification (Cal. Ct. App.), 115
– – Insurance, company claims over retroactive cancellation settled (Cal. Super. Ct.), 194
– – Ulcer drug recall, no civil remedy without side effects or failure of efficacy (N.D. Cal.), 494

– Laptops

– – Arbitration clause with class action waiver in sales contract unenforceable (9th Cir.), 387
– – Memory, consumers claim machines cannot run Vista (N.D. Cal.), 311
– – Screens, customers fail to state claim due to lack of affirmative misrepresentation or special relationship (9th Cir.), 237

– Life insurance, sales pitches and expectations too variable to certify class of insured alleging breach and misrepresentation (Cal. Super. Ct.), 374
– Mortgages, payment-option adjustable-rate, plaintiff alleging deception not suitable representative, class certification denied (N.D. Cal.), 114
– Ovarian cancer treatment, reversal of reimbursement decision leaves emotional distress claims (Cal. Super. Ct.), 213
– Removal jurisdiction, investment bank charged with misleading investors over sale of closely held corporation, claims remanded to state court under SLUSA “Delaware carve-out” (9th Cir.), 179
– Salmon sold by grocery stores not labeled as artificially colored, state law claims not preempted (U.S., rev den), 64
– Seat belts, manufacturer's testing for compliance with federal standard not needed (Cal. Super. Ct.), 137
– Study, state claims decreased after passage of CAFA, 396
– Travel insurance, marketing materials found not to contain false information (Cal. Super. Ct.), 390
– Wages and hours

– – Call center employees, FLSA and state wage and hour claims settled (D. Kan.), 132
– – Car wash owners, state claims for alleged wage and hour violations (Cal. Super. Ct.), 197
– – Class arbitration waiver and prohibition on seeking civil penalties for others found unconscionable (Cal. Ct. App.), 275
– – Construction workers, wage and hour claims settled (C.D. Cal.), 240
– – Dairy workers, jobs declared seasonal, wage and hour claims may proceed (E.D. Cal.), 229
– – Living wage law, rule restricting application to employees of private firms based on hours worked on city contracts invalid (Cal. App. Ct.), 174
– – Nonresidents, applicability of state overtime law, certification of question requested (9th Cir.), 172
– – Pizza delivery drivers, class arbitration waiver unconscionable in minimum wage claim (Cal. Ct. App.), 278
– – Reality show employees file overtime claims against production companies (Cal. Super. Ct.), 310
– – Tips, casino policy requiring contribution to tip pool does not violate state law (Cal. Ct. App.), 133

CANADA

– Product safety and liability, Dell Canada Inc., allegedly defective notebook computers, conditional certification granted (Ont. Super. Ct. Just.), 116
– Securities class actions on increase, report says, 105

CERTIFICATION

– Anticybersquatting Consumer Protection Act, fact-specific inquiries make class certification unreasonable (N.D. Ill.), 12
– Basketball season ticket holders, class certified for breach claims in team move (W.D. Wash.), 221
– Building and construction

– – Asbestos, settlement class of homeowners certified (Bankr. D. Del.), 112
– – Decking material with mold growth, settlement class certified (W.D. Wash.), 131
– – Fiberglass insulation, class of independent contractors certified (N.D. Ga.), 170
– – Formaldehyde exposure, FEMA trailer residents denied class certification (E.D. La.), 12; first bellwether trial scheduled, 379

– Canada, notebook computers, conditional certification granted (Ont. Super. Ct. Just.), 116
– Children

– – Child labor, class of rubber plantation workers denied certification under Alien Tort Statute (S.D. Ind.), 316
– – Foster care, class of children certified (N.D. Okla.), 428

– Communications excise tax refunds (Fed. Cl.), In Brief, 222
– Employment

– – Age discrimination, trial court must require proof by preponderance of evidence and resolve expert disputes (Minn. Ct. App.), 423
– – Benefits, uniform scheme alone did not make case suitable for collective action (6th Cir.), 59
– – Big box stores, review of certification for sex discrimination claims granted (9th Cir.), 163; arguments heard, 263; EEOC urges award of class-wide punitive damages, 264; Supreme Court review likely, speakers tell conferees, 351
– – Couriers, five subclasses certified in wage and hour claims against FedEx (N.D. Cal.), 425
– – Defined benefit pension plan, claims re amendment settled, class certified (N.D. Iowa), 215
– – Fair Labor Standards Act (FLSA)

See FAIR LABOR STANDARDS ACT (FLSA)

– – Grocery chain, Hispanic employees discrimination claims, improper rejection of class certification (U.S., rev den), 112
– – Health club, bankruptcy affects decision to certify, employee claims too unique for certification (S.D.N.Y.), 372
– – Postal workers, class lacking common race bias claims not certified (EEOC), 317
– – Retirement benefits

See Retirement benefits, this heading

– – Telecommunications account executives, class alleging under-calculation of commissions certified (D. Kan.), 14
– – Uniform supplier, individual questions predominate in race and sex discrimination claim, class not certified (E.D. Mich.), 322
– – Untimely petition to appeal certification in racial discrimination claim rejected (D.C. Cir.), 371

– Health care

– – Anti-inflammatories, deceptive marketing claims, individual issues preclude class certification (Cal. Super. Ct.), 468
– – Anti-psychotic drug, review of RICO claim class certification (2d Cir.), 109
– – Autism, insurance coverage denied for therapy deemed experimental, certification denied (E.D. Mich.), 316
– – Broken pills, class certified, settlement approved (D.P.R.), 236
– – Epilepsy drug, patient class seeking reimbursement for off-label use decertified (Pa. Ct. Comm. Pleas), 166
– – Generic drugs

– – – Hypertension drug, review of certification of class of purchasers denied (D.C. Cir.), 171
– – – Potassium chloride, delay of entry onto market by manufacturer, purchaser class certified (D.N.J.), 60

– – Medical devices

– – – Eye surgery laser, patients properly denied class certification (Cal. Ct. App.), 115
– – – Stents, concealment of manufacturing defect, shareholder class certified (D. Mass.), 268

– – Off-label promotion of Neurontin, certification denied (D. Mass.), 471
– – Ovarian cancer treatment, reversal of reimbursement decision leaves emotional distress claims, certification sought (Cal. Super. Ct.), 213
– – Overcharges, class of health providers not certified, first trial put on fast track to determine suitability of remainder of claims against pharmaceutical firms (N.D. Cal.), 473
– – Painkillers, individual issues dominate in cost-recoupment claims, class not certified (N.J. Super. Ct.), 267
– – Pharmaceuticals, nonparties may not be deposed during precertification discovery (E.D.N.Y.), 426
– – Prescription drug pricing claims, class certified and settlement approved (D. Mass.), 285; drugstores to appeal, 435
– – Reimbursement, physician group denied class certification in claim against insurers and PPO (C.D. Ill.), 111
– – Testing firm, improper billing, class of patients certified (D.N.J.), 165

– Human trafficking, immigration status irrelevant for wage claims (E.D. La.), 380
– Hydrogen peroxide, “rigorous analysis” requirements toughened (3d Cir.), 9; Analysis & Perspective, 203
– Insurance

– – Fraud on the market theory cannot be used to prove class reliance without active market, class decertified (Colo.), 427
– – Sales pitches and expectations vary too much to certify class of insured alleging breach and misrepresentation (Cal. Super. Ct.), 374

– Interlocutory review, rigorous analysis may involve consideration of merits (10th Cir.), 375
– Military personnel debt, satisfaction by illegal withholding of tax refunds, class certified (N.D. Cal.), 269
– Mortgages, payment-option adjustable-rate, plaintiff alleging deception not suitable representative, certification denied (N.D. Cal.), 114
– Motor vehicles

– – ABS brakes, multistate class not certified, CAFA jurisdiction does not continue (N.D. Ill.), 371
– – Accelerator pedals, class recertified (Okla.), 375
– – Acura owners, class certified for brake defect claims (C.D. Cal.), 16

– Oil and gas

– – Oil spill related personal injuries, denial of certification does not strip court of CAFA jurisdiction (W.D. La.), 128
– – Poisonous gas from oil wells, class of property owners certified (S.D. Ill.), 216
– – Royalty interests in natural gas wells, class of owners certified (W.D. Okla.), 318

– Partial certification, Outlook, 82
– Pet food, consumer choice factors too multifarious, class not certified (D. Nev.), 266
– Plastics, pro se prisoner has standing to appeal certification and settlement, but appeal lacks merit (3d Cir.), 224
– Potato products, class certification denied for misrepresenting absence of allergens (N.D. Ill.), 468
– Retirement benefits

– – Lifetime benefits, class certified (E.D. Mich.), 110
– – Medical and death benefits, class of retirees challenging reduction certified (D. Neb.), 13
– – Merck Corp., offering artificially inflated stock as investment option, employee class claim may proceed (D.N.J.), 167; motion for judgment on the pleadings denied, 329
– – Vested benefits, retiree class claiming violations based on unilateral changes certified (N.D. Ohio), 317
– – Whirlpool Corp. retirees alleging benefits were improperly cut, class certified (W.D. Mich.), 115

– Retirement plan fees

– – Ease of certification is major development, speaker tells conferees, 293
– – Lockheed Martin, employee class certified (S.D. Ill.), 320

– Securities

– – Argentinean bond defaults, two classes certified (S.D.N.Y.), 315
– – Mall developer, loss causation need not be shown at certification (E.D. Va.), 428
– – Solar energy firm alleged to have inflated value of inventory, class certified (N.D. Cal.), 109

– Synthetic rubber, class certified in price-fixing claim (D. Conn.), 219
– Tax

– – Liability insurance, decertification of class did not relate back, CAFA removal proper (7th Cir.), 423
– – Preparer, disposal of personal information in trash, certification of claim against franchisee premature (E.D. La.), 65

– Telecommunications

– – Account executives, class alleging under-calculation of commissions certified (D. Kan.), 14
– – Cell phones, class certification denied for overcharged customers (N.Y. Sup. Ct.), 217
– – Commission charge-backs, class decertified on appeal for multiple failures of analysis (11th Cir.), 314
– – Telephone Consumer Protection Act, large number of unsolicited faxes sent warrants certification of recipient company as class (N.D. Ill.), 167

– Trends, Analysis & Perspective, 399
– Trusts, class certified for successor trustee claims (E.D. Tex.), 373
– Water contamination

– – La., vinyl chloride contamination, certification of class survives challenge by competing class (La. Ct. App.), 470
– – Teflon-related contamination, certification denied for medical monitoring claims (D.N.J.), 15

– Weight-loss vitamins, state unjust enrichment laws too variable, national class certification denied (E.D. Ark.), 218

CFAA

See COMPUTER FRAUD AND ABUSE ACT (CFAA)

CHEMICALS

– Bisphenol A, inconclusive studies may lead to legislation, Analysis & Perspective, 353
– Brazilians file claims against chemical, pharmaceutical, and oil companies for dumping (S.D. Ind.), 419
– Hydrogen peroxide, “rigorous analysis” requirements toughened (3d Cir.), 9; Analysis & Perspective, 203
– Propoxur, NRDC files claims for lack of cancer warnings on flea collars (Cal. Super. Ct.), 420

CHILDREN

– Air pollution, parents file claims (Ind. Cir. Ct.), 310
– Autism, insurance coverage denied for therapy deemed experimental, certification denied (E.D. Mich.), 316
– China, toxic milk scandal, parents bring claim against dairies (Supreme People's Court), 57; dairies offer settlement, 77
– Civil rights, attorneys for foster children may receive enhanced award for superior representation (U.S., rev grant), 327
– Drinking water, parent brings claims for “cover-up” of lead amounts (D.C. Super. Ct.), 160
– Foster care, class of children certified (N.D. Okla.), 428
– Fruit Juice Snacks, alleged misrepresentation re nutritional value (D. Mass.), 101
– Rubber plantation, child laborer class denied certification under Alien Tort Statute (S.D. Ind.), 316

CHINA

– Drywall manufactured in China with sulfur, claims by homeowners (M.D. Fla.) and builders (Fla. Cir. Ct.), 108
– Toxic milk scandal, parents bring claims against dairies (Supreme People's Court), 57; dairies offer settlement, 77

CHOICE OF LAW

– Accelerator pedals, warranty breach claims apply law of manufacturer's principal place of business (Okla.), 375
– Trends, Analysis & Perspective, 399

CIGARETTES

See TOBACCO INDUSTRY

CITIES

See STATE AND LOCAL GOVERNMENT

CITIZENSHIP

See ALIENS AND CITIZENSHIP

CIVIL RIGHTS

– Disabled persons

See DISABILITY DISCRIMINATION

– Foster children, attorneys in civil rights case may receive enhancement for superior representation (U.S., rev grant), 327
– Job bias

See EMPLOYMENT DISCRIMINATION

CLASS ACTION FAIRNESS ACT (CAFA)

– ABS brakes, multistate class not certified, CAFA jurisdiction does not continue (N.D. Ill.), 371
– Amount in controversy

– – Banana farm workers, individual claims do not meet thresholds, state claims may proceed (C.D. Cal.), 271; affirmed (9th Cir.), 326
– – Chocolate, jurisdictional amount must be proven by preponderance of evidence (8th Cir.), 223
– – Insurance policies, removal must be shown by “reasonable probability” (1st Cir.), 176
– – Mobile phone add-on content, CAFA jurisdiction met by estimate of potential damages (W.D. Wis.), 273
– – Non-statutory attorneys' fees may not be used to calculate amount in controversy (8th Cir.), 271
– – Unpaid overtime, employer estimate insufficient for removal under Act (4th Cir.), 125

– Broader implications of CAFA, Analysis & Perspective, 452
– Cal., state claims decreased after passage of CAFA, study finds, 396
– Electronics, citizenship of national retailer determined by substantial predominance of operations (9th Cir.), 223
– Foreign conduct, no jurisdiction under Act (N.D. Ill.), 62
– Local controversy exception

– – Auto insurance claim moved back to state (3d Cir.), 325
– – Credit cards, data breach claim against in-state grocery chain by state citizens falls under CAFA exception (1st Cir.), 430
– – Hazardous waste, state-initiated cleanup not converted to federal activity by adherence to superfund standards (W.D. Okla.), 431

– Oil spill-related personal injury claims, denial of certification does not strip court of CAFA jurisdiction (W.D. La.), 128
– Pharmacy benefits manager, use of weekly price updates alleged to be contract breach, summary judgment denied (M.D. Ala.), 282
– Relation back, change in claims was significant, CAFA removal proper (7th Cir.), 423
– Removal bar of 1933 Securities Act does not trump Act (7th Cir.), 18
– Trends, Analysis & Perspective, 399

COLORADO

– Insurance, fraud on the market theory cannot be used to prove reliance without active market (Colo.), 427

COMMERCE CLAUSE

– Bisphenol A, local and state legislation may offend dormant Commerce Clause, Analysis & Perspective, 353

COMPUTER FRAUD AND ABUSE ACT (CFAA)

– Software scheduled failure, customers may bring claims under Act and state consumer protection law (D.N.J.), 126

COMPUTERS

– Arbitration provision in sales agreement enforceable under Texas or Mich. law (E.D. Mich.), 66
– Laptops

– – Arbitration clause with class action waiver in sales contract unenforceable (9th Cir.), 387
– – Canada, overheating issues, conditional certification granted (Ont. Super. Ct. Just.), 116
– – Data breach claim by employees (W.D. Wash.), 161
– – Screens, customers fail to state claim due to lack of affirmative misrepresentation or special relationship (9th Cir.), 237
– – Vista operating system, consumers claim laptops are unable to run (N.D. Cal.), 311

– Memory

– – DRAM, conspiracy claims re price fixing to support stock price may proceed (D. Idaho), 230
– – SRAM, definition of purchasers of custom memory accepted in antitrust claim (N.D. Cal.), 65
– – Vista, consumers claim laptops are unable to run (N.D. Cal.), 311

– Nanotechnology, torts arising from, Analysis & Perspective, 39; Web sites of interest, 48
– Screens, class certification sought for vertical lines on iMac displays (N.D. Cal.), 56
– Securities fraud, capitalizing software development costs to avoid recognition as expenses, investor claim dismissed for failure to plead scienter (9th Cir.), 70
– Software

See SOFTWARE

– Wireless cards, class action waiver in arbitration agreement unconscionable (9th Cir.), 334

CONFERENCES AND MEETINGS

– Ed. Note: A list of upcoming conferences and meetings appears at the end of selected issues.
– Am. Bar Ass'n, 351
– ASPPA 401(k) Summit, 293
– BNA, Planning for a Post-Levine World, 504
– Center for Am. Progress, 446
– Securities Docket, 38
– Seyfarth Shaw LLP, Annual Workplace Class Action Litigation Report, 201

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

– Employee benefits, Citigroup did not violate state wage law by forfeiting stock of employees participating in capital accumulation plans (Conn.), 21
– Health insurance, state medical society among claimants for underpayment of out-of-network medical providers (D.N.J.), 159
– Madoff fraud, claim against auditors for reliance on false account statements (Conn. Super. Ct.), 106

CONSPIRACY

– Price fixing

See ANTITRUST

CONSTITUTIONAL LAW

– Commerce Clause

See COMMERCE CLAUSE

– Vagueness

See DUE PROCESS

CONSTRUCTION

See BUILDING AND CONSTRUCTION

CONSUMER CREDIT

– Credit cards

See CREDIT CARDS

– FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

– FDCPA

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– Loans

See LOANS

– Mortgages

See MORTGAGES

– Truth in Lending Act

See TRUTH IN LENDING ACT (TILA)

CONSUMER PROTECTION

– Baby seat, purchaser who failed to allege injury lacks standing (N.D. Cal.), 388
– Building and construction

See BUILDING AND CONSTRUCTION

– Computers

See COMPUTERS

– Cybersquatting, fact-specific inquiries make class certification unreasonable (N.D. Ill.), 12
– Fireplaces, judge-shopping sanctions imposed on attorney who filed two nearly identical class actions in same court (N.D. Cal.), 25
– Food

See FOOD

– Privacy

See PRIVACY

– Product safety

See PRODUCT SAFETY AND LIABILITY

– Reliance continues to be major issue in non-financial claims, Outlook, 82
– Telephones

See TELECOMMUNICATIONS

– VitaminWater drink, Coca-Cola alleged to misrepresent nutritional benefits (N.D. Cal.), 58
– ZIP codes, retailer collection of does not violate state credit card law (Cal. Ct. App.), 30

CONTRACTS

– Arbitration agreements

See ARBITRATION

– Basketball season ticket holders, class certified for breach claims in team move (W.D. Wash.), 221
– Employee compensation

See WAGES AND SALARIES

– Football memorabilia, jury verdict requiring players' union to pay royalties to retirees upheld (N.D. Cal.), 71
– Health insurance, chiropractor may pursue third-party benefit claim for failure to steer patients to practice in return for discount (S.D. Ill.), 277
– Labor, Brazilian guestworkers allege exploitation and visa fraud (S.D. Miss.), 464
– Shoppers, evidence of surveillance is insufficient to support discrimination claims (8th Cir.), 496

COPYRIGHTS

– Google Book Search, notification to copyright holders in settlement of digitization claims begins, 190
– Safe harbor, summary judgment denial moot after voluntary dismissal, appeal denied (9th Cir.), 436

COSMETICS

– Avon, inclusion of company stock as investment option is not breach of fiduciary duty, dismissal recommended (S.D.N.Y.), 225
– IPO fraud (N.D. Ill.), In Brief, 336

COUNSEL

See ATTORNEYS

CREDIT CARDS

– Antitrust, merchants may pursue claims re fees, arbitration accord revoked (2d Cir.), 122
– Data breach claim against in-state grocery chain by state citizens falls under CAFA exception (1st Cir.), 430
– Electronics, citizenship of national retailer in fee dispute determined by substantial predominance of operations under CAFA (9th Cir.), 223
– 401(k) plans, American Express employees allege breach of fiduciary duty over misrepresentations of company's financial health (S.D.N.Y.), 7
– Heartland Payment Systems Inc.

– – Cost of replacing credit and debit cards sought by banks (D.N.J.), 157
– – Payment card processor alleged to have breached credit and debit card data (D.N.J.), 102
– – Securities fraud claims alleging misleading disclosures re breach (D.N.J.), 261

– Military personnel debt, satisfaction by illegal withholding of tax refunds, class certified (N.D. Cal.), 269
– ZIP codes, retailer collection does not violate state credit card law (Cal. Ct. App.), 30

CREDIT RATINGS

– Market downturn not proved by drop in price of parent company (S.D.N.Y.), 487

CREDIT UNIONS

See BANKING

CRIMINAL LAW AND PROCEDURE

– Attorneys found guilty of defrauding clients in fen-phen class action (E.D. Ky.), 343