Class Action Litigation Report® Index-Summary

FAIR LABOR STANDARDS ACT (FLSA)

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

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

– Overtime

See OVERTIME

– 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

– Severance benefits cannot be conditioned on worker's waiver of FLSA claims (N.D. Ga.), 419

FALSE ADVERTISING

– Beverages

– – Diet Coke purchasers class decertified (Mo.), 322
– – Fruit juice snacks for toddlers, deceptive packaging claims against Gerber reinstated (9th Cir.), 381

– Cosmetics makers sued for labeling products as organic (Cal. Super. Ct.), 369
– Drugs

– – Cholesterol drug makers sued over effectiveness claims for brand-name drugs (M.D. Fla.), 89
– – Vioxx arthritis drug maker settles suits filed by state attorneys general, 474

– Food

– – Chickens “raised without antibiotics,” multidistrict litigation panel asked to consolidate suits against Tyson Foods (E.D. Ark.), 533
– – Restaurant chains sued for misrepresenting nutritional content of allegedly healthier menu items (N.D. Tex.), 444
– – 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
– – Yogurt, Dannon sued for false health benefits claims (C.D. Cal.), 91

– Light cigarettes, deceptive advertising by Philip Morris

– – Me. state law claims not preempted (U.S., rev grant), 55
– – RICO civil claimants class decertified (2d Cir.), 268

– Listerine mouthwash, consumer class decertified (Mass. Ct. App.), 232
– Lottery ticket buyers sue state agency for advertising unavailable prizes, certification denied (D.S.C.), 326
– Microsoft sued for deceptive marketing of “Windows Vista Capable” computers, consumer class certified (W.D. Wash.), 188
– “Q-Ray Ionized Bracelets,” marketer liable for deceptive television infomercials (7th Cir.), 30

FEDERAL PREEMPTION

See PREEMPTION

FEES

– Attorneys

See ATTORNEYS' FEES

– Expert witnesses, entire settlement of Lenox antitrust suit will be used to pay fees (N.D. Cal.), 27
– 401(k) plans, excessive fees

See 401(k) PLANS

– Medical records copying firm sued for overcharging, class certified (Ark.), 377
– Mortgage lenders' document preparation fees, unauthorized practice of law (Mo.), 286
– Physicians

See PHYSICIANS, subheading: Reimbursement of claims

– Real Estate Settlement Procedures Act, brokerage fee for which no services were performed, homeowners class certified (11th Cir.), 96
– Schools, professional degree fees, refunds to graduate students ordered, university files appeal (Cal.), 19; review denied, 104
– Taxpayers sue Free File Alliance for charging excessive fees to electronically file tax returns, amended claim may be filed (E.D. Pa.), 458
– Telephones, early termination fees

– – Sprint customers allege fees excessive, jury splits verdict (Cal. Super. Ct.), 515
– – Verizon settles suit (Cal. Super. Ct.), 596

FIDUCIARY DUTY

– Employee stock ownership plans, Bear Stearns sued for breach of duty (S.D.N.Y.), 223; another suit filed (S.D.N.Y.), 265; law firms file motion to consolidate suits, 280
– 401(k) plans

See 401(k) PLANS

– Health insurance, Unisys breached duty to retirees, attorneys' fees award (E.D. Pa.), In Brief, 561
– Pensions

See PENSIONS

– Securities fraud claims against Bank of America for not disclosing conflicts of interest are preempted (8th Cir.), 455; similar suit dismissed (8th Cir.), 518

FINANCIAL INSTITUTIONS

See BANKING

FINANCIAL PRIVACY

– Bank of N.Y. York Mellon sued for loss of computer tapes containing customer data (Conn. Super. Ct.), 443
– Canadian consumers sue government and financial services firm for data security breaches (Q.B. Saskat.), 493
– Certegy Check Services settles suit over former worker's theft and sale of customer personal data (M.D. Fla.), 249
– Credit cards

See CREDIT CARDS

– Davidson Co., financial services firm sued after hacker accessed client database (D. Mont.), 266
– Electronic commerce

See ELECTRONIC COMMERCE

– Hospital patients sue data storage firm over theft of billing records (Utah Dist. Ct.), 494
– Purchase history data posted at Sears Web site not protected, suit alleges (Ill. Cir. Ct.), 5

FLORIDA

– Product liability, brake defects alleged by Kia Sephia owners, class decertified (Fla. Dist. Ct. App.), 500

FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

FOOD

See also BEVERAGES
– Advertising

See FALSE ADVERTISING

– Agricultural products

See AGRICULTURE

– Credit cards

– – Hannaford supermarket customers' data stolen, suits filed over 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
– – Jewel Food Stores printed expiration dates on receipts, customer class certified (N.D. Ill.), 322

– Eating disorders, health insurance claims

– – Aetna settles policyholders' suit over denial of benefit claims (D.N.J.), 467
– – Children's Internet postings about their illnesses, insurer entitled to discovery of (D.N.J.), 143

– Employee benefits, Kraft Foods sued over fees paid to 401(k) plan service providers, workers class certified (N.D. Ill.), 577
– Employment discrimination

– – Faribault Foods' bias against Hispanics, settlement approved (D. Minn.), 297
– – Kroger grocery chain settles black workers' claims (W.D. Ky.), 516

– Importers challenging retaliatory duties on European Union products denied class certification (Ct. Int'l Trade), 449
– Overtime, bakery workers' state law opt-out class action certified (E.D.N.Y.), 187
– Product liability

– – Peanut butter tainted by salmonella, consumers may proceed with suit against maker (N.D. Ga.), 452
– – Pet food contamination

– – – Melamine-tainted wheat gluten, Menu Foods announces settlement (D.N.J.), 292; preliminary approval by court, 465
– – – Mold toxin, maker settles suit (E.D. Tenn.), 70

– Restaurants

See RESTAURANTS

FOREIGN AFFAIRS

See INTERNATIONAL DEVELOPMENTS; INTERNATIONAL TRADE

401(k) PLANS

– Attorney-client privilege, fiduciary breach suits (M.D.N.C.), In Brief, 195
– Diversification of plan assets, Dell did not breach fiduciary duty to workers (W.D. Tex.), 552
– Fees, excessiveness of

– – ABB workers may proceed with fiduciary breach suit over fees paid to plan investment adviser (W.D. Mo.), 144
– – Kraft Foods workers allege high fees breached fiduciary duty, class certified (N.D. Ill.), 577
– – United Technologies sued for fiduciary breach over fees paid to plan service providers, workers' class certified (D. Conn.), 446
– – Variable annuity account used to hold plan assets, trustee may sue John Hancock over fees charged (D. Mass.), 146
– – Wal-Mart investments in mutual funds charging high fees breached fiduciary duty, suit alleges (W.D. Mo.), 371

– Ford workers may proceed with fiduciary breach suit (E.D. Mich.), 281
– GM settles fiduciary breach suit over prudence of offering company stock as investment option, court approval sought (E.D. Mich.), 65
– Merck allegedly breached fiduciary duty by delaying release of adverse clinical drug study, suit filed (D.N.J.), 370
– Northwest Airlines machinists lack standing to sue fiduciaries of pilots' plan (8th Cir.), 196
– Owens Corning workers' fiduciary breach suit not time-barred (N.D. Ohio), 282
– Pre-merger sale of shares, executives owed no fiduciary duty to inform plan participants (7th Cir.), 25
– Reliant Energy did not breach fiduciary duty by retaining company stock as investment option (5th Cir.), 389
– Retiree who received full distribution of benefits prior to employer's alleged fiduciary breach lacks standing to sue (2d Cir.), 25
– Revenue sharing payments, nondisclosure not fiduciary breach, industry groups ask appeals court to uphold lower court ruling (7th Cir., amicus brief filed), 417
– Xerox motion to dismiss workers' fiduciary breach suit denied (D. Conn.), 283

FRAUD

– Consumer

– – Cholesterol drug makers sued over effectiveness claims for brand-name drugs (M.D. Fla.), 89
– – High definition televisions unable to receive 1080p signal, suit to proceed (D.N.J.), 509
– – Motor fuel retailers sued for failure to adjust sales based on temperature, motion to dismiss suit denied (D. Kan.), 192
– – Software maker sued for inserting malicious code that disabled functionality, suit dismissed (D.N.J.), 545
– – Taxes, fraudulent returns allegedly prepared by Jackson Hewitt franchises, suit dismissed (N.D. Ill.), 279

– Medical transcription firm sued over billing practices, hospitals not required to arbitrate claims (3d Cir.), 18
– Securities

See SECURITIES FRAUD

FREEDOM OF SPEECH

– Ratings of attorneys are protected speech (W.D. Wash.), 23