Class Action Litigation Report® Index-Summary

NATURAL DISASTERS

– Business interruption insurance claims filed re underpayment for Hurricanes Ike, Gustav, and Rita (Tex. Dist. Ct.), 213
– Formaldehyde exposure, FEMA trailer residents during Hurricanes Rita and Katrina, certification denied (E.D. La.), 12; first bellwether trial scheduled, 379; state tort claims preempted by federal housing laws and regulations, 548
– Global warming, Mississippi property owners affected by Hurricane Katrina may proceed with tort suit (5th Cir.), 947
– Insurance coverage cases re Hurricane Rita consolidated (Tex.), 77
– Levee districts, settlement approved re Hurricanes Katrina and Rita (E.D. La.), 876
– Torts, claims against Port of New Orleans re Hurricane Katrina dismissed (5th Cir.), 193

NEGLIGENCE

– Cemetery owners sued, groundskeepers allegedly broke interment vaults and dumped human remains (Cal. Super. Ct.), 849
– Emergency siren manufacturer sued by Phila. firefighters (Ill. Cir. Ct., Cook County), 941
– Fuel, consumers allegedly shortchanged at pumps, bid for certification granted (S.D. Ga.), 770
– Grocery store chain sued for customer data breach, bulk of claims dismissed, negligence-based claims for unreimbursed charges survive (D. Me.), 479; dismissal of claims stayed, damages question certified to state high court (D. Me.), 955
– Holland & Knight, investors seek certification of negligent preparation claims (M.D. Fla.), 729
– Identity theft, plaintiff's claims dismissed, fear of future harm not enough to succeed on the merits (D. Conn.), 918
– Insurance, domestic food producers bring claims for negligent issue of customs surety bonds and nonpayment (Ct. Intl. Trade), 367
– Shower pan manufacturer sued re alleged design defects, plaintiffs' denial of certification upheld (Cal. Ct. App.), 946
– SLUSA jurisdiction, variable annuity investors' negligence claims dismissed (U.S., rev den), 921
– Tax avoidance scheme marketed as retirement plan, negligent misrepresentation and nondisclosure claims survive (N.D. Tex.), 382

NETHERLANDS

– Securities fraud, appeals court clears settlement over oil and gas reserves inflation, 538

NEVADA

– Pet food, reliance on “Made in USA” label only one factor of many in consumer choice, class not certified (D. Nev.), 266
– Wal-Mart Stores settles 63 wage and hour suits (D. Nev.), 26; settlement approved, 543

NEW JERSEY

– Auto insurance, local controversy exception to CAFA moves claim back to state (3d Cir.), 325
– Belly fat reducer Relacore, purchasers claim company falsely advertised product's benefits, denial of certification upheld (N.J. Super. Ct. App. Div.), 770
– Health care

– – Diagnostic testing services, improper billing, class of patients with state and federal claims certified (D.N.J.), 165
– – Insurance, state medical society among plaintiffs suing Aetna and CIGNA for underpayment of out-of-network medical providers (D.N.J.), 159
– – Painkillers, individual issues dominate in cost-recoupment claims, class not certified (N.J. Super. Ct.), 267

– Heartland Payment Systems

– – Banks and credit unions file suit re data breach (S.D. Tex.), 939
– – Cost of replacing credit and debit cards sought by banks (D.N.J.), 157
– – Credit and debit card data allegedly breached (D.N.J.), 102
– – Multidistrict panel consolidates bank and consumer claims (J.P.M.L.), 592
– – Securities fraud claims alleging misleading disclosures re breach (D.N.J.), 261

– Preemption, Federal Arbitration Act does not bar state law contract defenses to class action waiver (3d Cir.), 184
– Sodium, Denny's customer files suit alleging menu items contain high amounts (N.J. Super. Ct.), 711
– Software scheduled failure, customers may bring claims under state consumer protection law (D.N.J.), 126
– Televisions, bulb failures in high-end sets, claims settled (E.D.N.Y.), 266
– Vehicle emergency response systems, no review of purchaser class certification (3d Cir.), 525

NEW MEXICO

– Online travel companies, city's class action certified (D.N.M.), 628

NEW YORK

– Consumer protection

– – Cell phones, class certification denied for overcharged customers (N.Y. Sup. Ct.), 217
– – Electrical supply charges, consumers challenge unilateral adjustment of fixed price, denial of class certification reversed (N.Y. Sup. Ct. App. Div.), 628

– Health insurance, state medical society among claimants for underpayment of out-of-network medical providers (D.N.J.), 159
– Jurisdiction, diamond merchant makes “sufficient start” in showing agency for limited discovery (S.D.N.Y.), 137
– Madoff fraud

See MADOFF FRAUD

– Travel insurance, marketing materials found not to contain false information (Cal. Super. Ct.), 390
– Wages

– – Call center employees, FLSA and state wage and overtime claims settled (D. Kan.), 132
– – Nurses, antitrust wage claim, preliminary settlement approval sought for Albany hospital group (N.D.N.Y.), 239
– – Tips, workers seek approval of settlement re restaurant pooling requirements (S.D.N.Y.), 195

NEWSPAPERS AND MAGAZINES

– Deposition in wage and hour claims against newspaper violated federal law by seeking union views of employee (NLRB), 19
– Securities fraud, certification of media company investors denied, expert's report failed to show loss causation (5th Cir.), 766
– Sexual harassment, settlement approved in newspaper mailroom claim (D. Minn.), 339

NIGERIA

– Execution of environmental protesters, settlement reached (S.D.N.Y.), 549

NORTH CAROLINA

– Health insurance, state medical society among claimants for underpayment of out-of-network medical providers (D.N.J.), 159
– Online travel companies' failure to pay hotel occupancy taxes, dismissal of proposed class action upheld (4th Cir.), 73

NOTICE

– Electric co-op, notice and agreement re retention of excessive capital claims found reasonable, settlement affirmed (Tex. App.), 287
– Google Book Search notification to copyright holders in settlement of digitization claims begins (S.D.N.Y.), 190; National Writers Union opposes proposed settlement, 789; antitrust, privacy concerns raised in amicus briefs, 824; DOJ files amicus brief, 876
– Mass layoffs, seeking financing after WARN Act notice period begins disqualifies failing firm defense (U.S., rev den), 332
– Notice to class members

– – Absent class members, notice of class determination and partial settlement sufficient (U.S., rev den), 331
– – Debtors' suit against Med-1 Solutions decertified, notice postponed until after defendant's summary judgment motion granted (S.D. Ind.), 943
– – Due process concerns expressed by Supreme Court Justices, defendant ordered to pay notification costs since only party able to (U.S., rev den), 949
– – Media, impact of changing communications patterns, Analysis and Perspective, 702

– Wage and hour suit filed against in-home care provider, plaintiffs not entitled to dismiss claims without notice to lawyer (Wash. Ct. App.), 958

NUTRITIONAL SUPPLEMENTS

See VITAMINS AND NUTRITIONAL SUPPLEMENTS