Class Action Litigation Report® Index-Summary

DAMAGES

– Antitrust

– – Medical devices, amount of damages award against urological catheter maker limited by limitations period (E.D. Mo.), 732
– – State attorney general may file parens patriae suit for general economic damages (Conn.), 349

– Attorneys, unauthorized practice of law, treble damages (Mo.), In Brief, 286
– Emotional distress

See MENTAL HEALTH

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

See ENVIRONMENT

– Job discrimination

– – Punitive damages award not dependent on award of compensatory damages or back pay (5th Cir.), 71
– – Reapportionment of damages ordered for workers who prevailed on loss-of-promotion claims (5th Cir.), 193

– Medical malpractice, noneconomic damages capped by state law, challenge suit filed (E.D. Tex.), 176
– Medical monitoring

See MEDICAL MONITORING

– Removal jurisdiction, minimum amount in controversy not met, suit against Playtex remanded to state court (S.D. Cal.), 238
– Securities fraud, awards in cases settled in 2007, report issued, 303

DEBT COLLECTION

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

DELAWARE

– Mergers

– – Attorneys' fees, “oversized” fee request by defense attorneys for contesting withdrawal motion by plaintiffs, reduced (Del. Ch.), 773
– – Bear Stearns proposed merger with JPMorgan, challenge suit stayed in favor of related N.Y. suit (Del. Ch.), 332

– Securities fraud plaintiffs liable for attorneys' fees and costs of defendants for bad faith withdrawal from suit (Del. Ch.), 240
– Securities, Philadelphia Stock Exchange shareholders challenge institutional investors' acquisition of ownership control, settlement approved (Del.), 292

DELIVERY SERVICES

See MAIL AND DELIVERY SERVICES

DISABILITY BENEFITS

– Earnings cap on industry-related disability benefits, pension plan amendment did not violate ERISA anti-cutback rule (2d Cir.), 158
– Veterans suffering from post traumatic stress disorder may proceed with suit over handling of claims (N.D. Cal.), 61

DISABILITY DISCRIMINATION

– Consumers

– – Blind customers sue Target for inaccessible Web site, class notice approved (N.D. Cal.), 191; settlement announced, 742
– – Mobility-impaired customers

– – – Disney World ban on use of Segways, ADA challenge suit filed (M.D. Fla.), 178; motion to dismiss suit denied, 454
– – – Mervyn's retail chain failed to make stores accessible (Cal. Ct. App.), 637

– Elections, Philadelphia polling places inaccessible to mobility-impaired voters, ADA plaintiffs class certified (E.D. Pa.), 271
– Health care facilities, Sutter Health settles ADA suit (Cal. Super. Ct.), 342
– Institutionalized care, San Francisco settlement of suit seeking more community-based services, court approves (N.D. Cal.), 784
– Jail facilities, accommodation of disabled pretrial detainees (9th Cir.), In Brief, 339
– Job discrimination

– – Deaf UPS workers' ADA suit remanded (9th Cir., en banc), 16
– – Police officers required to provide description of medical condition causing absence, preliminary injunction issued (S.D. Ohio), 541; classes certified, 717

– Pedestrian walkways, Cal. Dep't of Transportation sued over access barriers, class certified (N.D. Cal.), 325

DISASTERS

See NATURAL DISASTERS

DISCHARGE OF EMPLOYEES

– American Airlines reservation agents allege age and sex bias (S.D. Ohio), 175
– Final wage payments untimely, retailer settles suit (Cal. Super. Ct.), 469
– Layoff of Johnstown rail car workers

– – Arbitrator orders recall of fired workers, and awards back pay, 421
– – Denial of eligibility for benefits was alleged goal, class certified (W.D. Pa.), 49

– Severance benefits cannot be conditioned on worker's waiver of FLSA claims (N.D. Ga.), 419
– Trucking firm workers who did not receive prior notice of layoffs file suit (N.J. Super. Ct.), 493
– Wal-Mart sued by fired workers for unpaid wages and accrued leave, class certified (N.D. Cal.), 180
– Worker Adjustment and Retraining Notification Act, construction workers may proceed with suit over lack of notice (W.D. Ark.), 243

DISCLOSURE

– Banking, convenience checks included in credit card billing statements, Cal. disclosure law preempted (9th Cir.), 105
– Discovery

See DISCOVERY

– Fair Debt Collection Practices Act, prerecorded messages did not disclose caller's identity as debt collector, consumer class certified (W.D. Wis.), 12
– 401(k) plans, revenue sharing

– – Investment management service sued for nondisclosure of arrangements with mutual funds offered to plan participants, certification denied (S.D. Iowa), 718
– – Sponsor not required to disclose payments, industry groups ask appeals court to uphold lower court ruling (7th Cir., amicus brief filed), 417

– Hospital lacked duty to disclose discounts for patients who promptly pay bills (Cal. Ct. App.), 248
– Insurance

– – Arbitration clause in Blue Cross policy unenforceable for not disclosing all disputes that it applied to (Cal. Ct. App.), 380; (Cal., rev den), 589
– – Homeowners not told that insurer sold identical policies at different prices, class certified (N.D. Ohio), 327

– Notice

See NOTICE

– Prohibited

See PRIVACY

– Securities, nondisclosure or misleading information

See generally SECURITIES FRAUD

DISCOVERY

– Attorney-client privilege

– – 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

– Health care benefit funds suing over pricing of Lipitor cholesterol drug must respond to Pfizer interrogatory (N.D. Ill.), 59
– Health insurer entitled to discovery of insured children's Internet postings about eating disorders (D.N.J.), 143
– Job bias, television writers' personal information sought for statistical analyses, Writers Guild must provide (Cal. Ct. App.), 679
– Price fixing plaintiffs must file complaint before conducting discovery (N.D. Cal.), 60
– Terrorist screening database records, government must release to plaintiffs who allege wrongful detention at border stops (N.D. Ill.), 385

DISCRIMINATION

– Age

See EMPLOYMENT DISCRIMINATION

– Disability

See DISABILITY DISCRIMINATION

– Job

See EMPLOYMENT DISCRIMINATION

– National origin

See EMPLOYMENT DISCRIMINATION

– Racial

See RACIAL DISCRIMINATION

– Sex

See EMPLOYMENT DISCRIMINATION

DISTRICT OF COLUMBIA

– False advertising of alcohol energy drinks, MillerCoors sued (D.C. Super. Ct.), 761; state attorneys general urge MillerCoors to cancel plans for new drink, 770

DOCTORS

See PHYSICIANS

DRUGS

See PHARMACEUTICALS