Class Action Litigation Report® Index-Summary

MAGAZINES

MAIL AND DELIVERY SERVICES

– “Employee” status and eligibility for benefits, FedEx drivers

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

– Job discrimination, deaf UPS workers' ADA suit remanded (9th Cir., en banc), 16
– Overtime, FedEx Freight driver's FLSA suit may proceed, but not parallel state class suit (M.D. Pa.), 206

MARKETING

See FALSE ADVERTISING

MASSACHUSETTS

– False advertising of Listerine mouthwash, consumer class decertified (Mass. Ct. App.), 232
– Health insurance, Aetna sued by doctors for inadequate reimbursement for emergency medical services (Mass. Super. Ct.), 229
– Monopoly, Honeywell round thermostat purchasers denied class certification (Mass. Super. Ct.), 139
– Product liability, Ford vehicle owners did not adequately allege noncompliance with federal safety standards (Mass.), 506

MDL

See MULTIDISTRICT LITIGATION (MDL)

MEDIA

– On-demand media, impact on future of notice to class members, Analysis and Perspective, 307
– Print publications

See NEWSPAPERS AND MAGAZINES

MEDICAL DEVICES

– Antitrust

– – 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

– ERISA, Guidant workers may proceed with fiduciary breach claims based on employer's nondisclosure of defibrillator defects (S.D. Ind.), 510
– Product liability

– – Bone radius plate maker sued, amended complaint filed (D.N.J.), 90
– – Guidant heart defibrillators

– – – Canadian patients class certified (Ont. Super. Ct.), 328
– – – Settlement (D. Minn.), In Brief, 72; lead counsel committee ordered to justify attorneys' fees request, 160; court sets aside $34.5 million for common-benefit fees fund, 254; court refuses to reconsider fees ruling, 302

– – Medtronic heart defibrillator defects

– – – Attorneys' fees, court sets hearing on proposed allocation from common benefit fund (D. Minn.), 511
– – – Multidistrict Litigation Panel asked to consolidate suits (J.P.M.L.), 46; suits consolidated, 210

– – Multidistrict litigation panel sets hearing to consider consolidation of suits, 558
– – Silzone heart valves, patients class decertified (8th Cir.), 324
– – St. Jude Medical sued for defective heart defibrillator leads (Ont. Super. Ct.), 318

– “Q-Ray Ionized Bracelets,” marketer liable for deceptive television infomercials (7th Cir.), 30
– Securities fraud

– – Boston Scientific nondisclosure of coronary stent defects, suit reinstated (1st Cir.), 331
– – Guidant concealment of defects in products (S.D. Ind.), In Brief, 211

MEDICAL MONITORING

– Cigarette smoker's suit dismissed (Or.), 376
– Fosamax osteoporosis drug patients class denied certification (S.D.N.Y.), 51
– Rejection of claims, legal and policy arguments for, Analysis and Perspective, 522
– Vinyl chloride in wastewater from manufacturing plant, court approves settlement of residents' claims (E.D. Pa.), 199

MEDICARE AND MEDICAID

– Ambulance service providers, Medicare reimbursement for (M.D. Ga.), In Brief, 250
– Cal. reduction of Medicaid reimbursement rates challenged by health care providers (Cal. Super. Ct.), 372; small pharmacies file suit, 495; denial of preliminary injunction vacated (9th Cir.), 588
– Change or termination of health plan, notice of right not given to Fla. Medicaid patients, suit alleges (S.D. Fla.), 46

MEETINGS

See CONFERENCES AND MEETINGS

MENTAL HEALTH

– Drugs

– – Paxil antidepressant drug

– – – Pediatric use, third party payer claims settled by maker (D. Minn.), 466
– – – Securities fraud suit against maker dismissed (2d Cir.), 295

– – Seroquel antipsychotic drug maker's retention of plaintiffs' doctors as expert witnesses (M.D. Fla.), In Brief, 429
– – Wellbutrin antidepressant maker sued for monopoly, direct purchasers class certified (E.D. Pa.), 410
– – Zyprexa antipsychotic drug marketed for off-label use, Conn. attorney general files suit (E.D.N.Y.), 299

– Emotional distress

– – Privacy, Transportation Security Admin. workers may sue for emotional harm after agency lost hard drive holding personal data (D.D.C.), 333
– – Residents living above contaminated landfill site (La. Ct. App.), In Brief, 195

– Veterans suffering from post traumatic stress disorder sue over handling of disability benefits claims (N.D. Cal.), 61

MERGERS AND ACQUISITIONS

– Alliance Data Systems settles shareholder claims over proposed merger agreement, 518
– Anheuser-Busch board of directors sued for lack of good faith consideration of takeover offer (Mo. Cir. Ct.), 497
– Attorneys' fees may be awarded to shareholder who achieved higher tender offer price by contesting settlement in parallel suit (Del.), 56
– Bear Stearns proposed merger with JPMorgan, challenge suit stayed in favor of related N.Y. suit (Del. Ch.), 332
– 401(k) plan participants not owed disclosure of executives' pre-merger sales of shares (7th Cir.), 25
– Hospital mergers, court refuses to dismiss challenge suit as untimely filed (N.D. Ill.), 457
– Securities fraud

– – Bank merger challenged for misrepresentations in prospectus, pension fund's motion to intervene untimely (7th Cir.), 585
– – Inside information, acquiring firm's use of (W.D. Wash.), In Brief, 205

– Tortious interference suit may proceed against UBS for withdrawing from financing commitment (E.D.N.Y.), 417

MICHIGAN

– Environment, Dow Chemical sued for polluting nearby property, class certified (Mich. Ct. App.), 95
– Securities fraud, Tyco Intl. sued by state workers' pension funds for investment losses (E.D. Mich.), 160

MILITARY SERVICE

See ARMED SERVICES

MINNESOTA

– Age discrimination, 3M workers class certified (Minn. Dist. Ct.), 321
– Wage and hour violations, Wal-Mart workers awarded damages (Minn. Dist. Ct.), 549

MINORS

See CHILDREN

MISSOURI

– Antitrust, physicians' price fixing claims are subject to arbitration clause in provider contracts with insurers (Mo. Ct. App.), 593
– False advertising, Diet Coke purchasers class decertified (Mo.), 322
– Mortgage lenders' document preparation fees, unauthorized practice of law (Mo.), 286
– Product liability, coolant used by GM damaged engines, settlement approved (Mo. Cir. Ct.), 345
– Takeover offer for Anheuser-Busch brewery, board of directors sued for lack of good faith consideration of (Mo. Cir. Ct.), 497

MONOPOLIZATION

– Drugs

– – AIDS, Norvir protease inhibitor, Abbott Laboratories' motion to dismiss suit denied (N.D. Cal.), 510
– – Wellbutrin antidepressant, direct purchasers class certified (E.D. Pa.), 410

– eBay must defend claims filed by online auction sellers (N.D. Cal.), 245
– Honeywell round thermostats

– – Mass. purchasers denied class certification (Mass. Super. Ct.), 139
– – Vt. purchasers denied class certification (Vt. Super. Ct.), 448

– Monsanto corn seed, farmers class denied certification (3d Cir.), 321

MORTGAGES

– Deceptive conduct claims against E*Trade lending firm preempted (9th Cir.), 108
– Document preparation fees charged by lenders, unauthorized practice of law (Mo.), In Brief, 286
– Privacy of LendingTree customer data breached, suit filed (S.D.N.Y.), 443
– Racial discrimination by lenders, NAACP files amended suit (C.D. Cal.), 5
– Satisfaction of mortgage not recorded by bank, borrowers class certified (Ohio Ct. App.), 376
– Securities fraud

See SECURITIES FRAUD

– Subprime mortgages

– – AIG sued for misrepresenting value of credit default swaps, Mich. attorney general joins suit (S.D.N.Y.), 576
– – Cleveland sues lenders over foreclosure crisis in city (Ohio Ct. Com. Pl.), 73
– – Downey Financial sued for false representations to investors (C.D. Cal.), 444
– – Filing of federal lawsuits at record levels, study finds, 394
– – Freddie Mac inflated stock value by denying exposure to, investors suit alleges (N.D. Ohio), 47
– – Securities class actions, Analysis and Perspective, 482

MOTOR CARRIERS

– “Employee” status and eligibility for benefits, FedEx drivers

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

– Job discrimination, deaf UPS workers' ADA suit remanded (9th Cir., en banc), 16
– Meal and rest breaks denied to White Cap delivery drivers, class certified (Cal. Super. Ct.), 48
– Overtime, FedEx Freight driver's FLSA suit may proceed, but not parallel state class suit (M.D. Pa.), 206

MOTOR VEHICLES

– Antitrust

– – Imports of lower-priced cars from Canada prevented

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

– – Price fixing, automotive refinishing paint, settlements approved by court (E.D. Pa.), 70
– – Repair shops allege unfair trade practices by Hartford Fire Insurance, class certified (Conn.), 450

– Driver's Privacy Protection Act, ads inserted into vehicle registration renewal notices, plaintiffs must decide how to proceed after 1 suit dismissed (M.D. Fla.), 382
– Employee benefits

– – Closure of automotive parts making facility did not illegally interfere with workers' right to retirement benefits (E.D. Mich.), 26
– – 401(k) plans, fiduciary breach

– – – Ford workers may proceed with suit (E.D. Mich.), 281
– – – GM settles suit over prudence of offering company stock as investment option, court approval sought (E.D. Mich.), 65

– – Health insurance for GM retirees, union seeks court approval of settlement (E.D. Mich.), 179

– Employment discrimination, written eligibility test for Ford apprenticeship program, settlement approved (S.D. Ohio), 21
– Odometers in Nissan vehicles allegedly altered to overstate mileage driven, suits consolidated by multidistrict litigation panel (J.P.M.L.), 393
– Product liability

– – Brake defects

– – – GM vehicle owners class certified (Ark.), 504
– – – Kia owners awarded damages (N.J. Super. Ct.), 507
– – – Kia Sephia owners class decertified (Fla. Dist. Ct. App.), 500

– – Coolant used by GM damaged engines, settlements approved (Cal. Super. Ct., Mo. Cir. Ct.), 345
– – Door handles, Ford owners did not adequately allege noncompliance with federal safety standard (Mass.), 506
– – Engine fires in Volkswagen Passat vehicles, suit filed (D. Utah), 89
– – Fuel leak in Subaru Impreza vehicles, economic loss doctrine bars tort claims (D.N.J.), 247
– – Head gasket defect alleged cause of oil leak in Dodge Neon cars, suit dismissed (9th Cir.), 547
– – Recall by Hyundai excludes Puerto Rico vehicles, consumer lacks private right of action to contest (U.S., rev den), 379
– – Seat belts, fear of injury from accidental release too remote, class wrongly certified, suit dismissed (Tex.), 97
– – Steering system defects in DaimlerChrysler cars, owners class certified (Okla.), 538

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

MULTIDISTRICT LITIGATION (MDL)

– Conference hosted by Tulane Law Review, Analysis and Perspective, 213
– False advertising of chickens “raised without antibiotics,” consolidation of suits against Tyson Foods sought (E.D. Ark.), 533
– Odometers in Nissan vehicles allegedly altered to overstate mileage driven, suits consolidated (J.P.M.L.), 393
– Privacy, Hannaford supermarket chain's data security breach, consolidation of suits sought (J.P.M.L.), 332; suits consolidated, 519
– Product liability

– – Gadolinium contrast dyes used in magnetic resonance imaging, suits consolidated (N.D. Ohio), 206
– – Heparin anticoagulant, hearing scheduled on motion to consolidate suits, 427; suits consolidated, 474
– – Levaquin antibiotic allegedly causes tendon rupture, suits consolidated (D. Minn.), 519
– – Medical devices, consolidation of cases to be considered by JPML, hearing scheduled, 558
– – Medtronic heart defibrillator lead defects, consolidation of suits sought (J.P.M.L.), 46; suits consolidated, 210
– – Ortho-Evra contraceptive patch makers oppose consolidation of cases for trial (N.D. Ohio), 209
– – Strategies for defendants, Analysis and Perspective, 79
– – Trasylol blood clotting agent, parties disagree on appropriate forum, 207

MUNICIPALITIES

See STATE AND LOCAL GOVERNMENT