Class Action Litigation Report® Index-Summary

OHIO

– Mortgage satisfaction not recorded by bank, borrowers class certified (Ohio Ct. App.), 376
– Privacy, DSW retailer database breached, customers lack standing to sue (Ohio Ct. Com. Pl.), 737

OIL AND GAS

– Antitrust

– – Airline passengers assessed fuel surcharges, British Airways and Virgin Airlines settle U.S. and U.K. price fixing claims (E.D.N.Y.), 157
– – Railroad freight fuel surcharges, co-lead counsel named for direct purchaser suit (D.D.C.), 246
– – Royalties suit settled, cy pres distribution of settlement funds ordered (S.D. Tex.), 67

– Motor fuel retailers sued for failure to adjust sales based on temperature, motion to dismiss suit denied (D. Kan.), 192
– Natural gas leases, underpayment of royalties, owner subclass certified (Tex.), 181
– Pollution

– – Diesel exhaust injuries, Analysis and Perspective, 33
– – Drinking water tainted by MTBE gasoline additive, court decision allowing claims under commingled product theory not immediately appealable (S.D.N.Y.), 559
– – Ecuadorian Amazon damaged by Chevron operations, court-ordered damages assessment report to be released, 336
– – Emissions from oil refinery, homeowners' verdict reinstated (Ill. App. Ct.), 501
– – Exxon Valdez oil spill, punitive damages award was excessive (U.S., vac), 512
– – Peruvian villagers' suit against Occidental Petroleum dismissed for forum non conveniens (C.D. Cal.), 341

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

OKLAHOMA

– Product liability, steering system defects in DaimlerChrysler cars, owners class certified (Okla.), 538
– Toxic torts, zinc smelter operator sued by nearby residents (Okla. Dist. Ct.), 318

OREGON

– Electronic commerce, scalping of concert tickets sold on reseller Web sites (Or. Cir. Ct.), In Brief, 786
– Product liability, cigarette smoker's medical monitoring suit dismissed (Or.), 376

OVERTIME

– Apple computer network support workers file suit (S.D. Cal.), 667
– Arbitration, Circuit City may be barred from enforcing class action waiver (U.S., rev den), 275
– Certification

– – Bakery workers' state law opt-out class action certified (E.D.N.Y.), 187
– – Dell customer sales representatives class certified (D. Or.), 578
– – Eli Lilly sales representatives class conditionally certified (S.D. Ind.), 210
– – Evidence does not show other plaintiffs wish to join FLSA suit, judge refuses to certify (S.D. Fla.), 237
– – KFC assistant managers cannot seek arbitration after FLSA collective action was decertified (D. Minn.), 56
– – Prudential Insurance agents class certified (D.N.J.), 324
– – Sun Microsystems technical workers class certified (Cal. Super. Ct.), 410
– – U.S. Bancorp financial sales representatives denied certification of FLSA collective action (N.D. Cal.), 185
– – Wal-Mart assistant managers, district court ordered to reconsider refusal to certify (9th Cir.), 374

– Gristede's grocery store managers granted summary judgment (S.D.N.Y.), 738
– Insurance claims adjusters' FLSA claims (7th Cir.), In Brief, 28
– Newspaper workers awarded damages (C.D. Cal.), 202
– Parallel FLSA and state law class suits

– – Abbott Laboratories workers may proceed with state suit despite FLSA suit in another state (N.D. Cal.), 243
– – FedEx Freight driver's FLSA collective action may proceed, but not state suit (M.D. Pa.), 206

– Phony “union” used by employer to qualify for state exemption from overtime rules, workers' suit alleges (C.D. Cal.), 177
– Police officers file grievance against City of San Diego (S.D. Cal.), 711
– Settlements

– – Cadence Design Systems settles FLSA and state law claims (N.D. Cal.), 688
– – Fastenal settles assistant store managers' claims (N.D. Cal.), 737