Class Action Litigation Report® Index-Summary

PAINTS AND COATINGS

– Price fixing, automotive refinishing paint, settlements approved by court (E.D. Pa.), 70
– Product liability

– – Air conditioner fins corroded by paint, consumer suit dismissed (N.D. Okla.), 551
– – Lead paint, Thomas the Tank Engine toy maker settles suit (Ill. Cir. Ct.), 108; insurer has duty to defend toy maker (N.D. Ill.), 589

PENSIONS

– Cash balance plans

– – El Paso Corp. plan did not violate ERISA backloading or forfeiture rules, ADEA suit conditionally certified (D. Colo.), 253
– – Monsanto workers allege accrual and lump sum distribution violations, class certified (S.D. Ill.), 447
– – Second Circuit finds plans not age-biased (2d Cir.), 601

– Cost-of-living adjustments wrongly excluded from lump-sum distributions (U.S., rev den), 241
– Earnings cap on industry-related disability benefits, plan amendment did not violate ERISA anti-cutback rule (2d Cir.), 158
– Enron settlement funds improperly distributed to plan participants, DOL seeks sanctions against consulting firm (S.D. Tex.), 153; Hewitt Associates to restore funds so that all Enron workers will receive full payment, 248
– Fiduciary duty

– – 401(k) plans

See 401(k) PLANS

– – Guidant workers may proceed with breach claims against company (S.D. Ind.), 510
– – N.Y. Life Insurance sued for breach, settlement approved by court (E.D. Pa.), 201
– – Summary judgment for employer invalid when court notified of settlement of fiduciary breach suit (9th Cir.), 149
– – W.R. Grace workers who received lump-sum distribution of benefits may sue fiduciaries for imprudently offering company stock as investment option (1st Cir.), 586

– Layoffs of workers to deny them eligibility for benefits, class certified (W.D. Pa.), 49
– Pension equity formula used in hybrid plan not biased against older workers (D. Colo), 556
– Police officers sue city for vested benefits from terminated plan, class certified (W.D.N.C.), 7
– Securities fraud, state workers' funds sue Tyco Intl. over investment losses (E.D. Mich.), 160

PETROLEUM

See OIL AND GAS

PHARMACEUTICALS

– Advertising

– – Cholesterol drug makers sued over effectiveness claims for brand-name drugs (M.D. Fla.), 89
– – Vioxx arthritis drug maker settles false advertising suits filed by state attorneys general, 474
– – Zyprexa antipsychotic drug marketed for off-label use, Conn. attorney general files suit (E.D.N.Y.), 299

– Antidepressant and antipsychotic drugs

See MENTAL HEALTH

– Antitrust

– – AIDS, Norvir protease inhibitor, Abbott Laboratories' motion to dismiss monopolization suit denied (N.D. Cal.), 510
– – Attorney malpractice while counseling drug firm, lawyer must defend claims (N.D.W. Va.), 57
– – Contraceptive drug maker sued over agreement to limit generic competition, settlement with direct purchasers approved (D.D.C.), 599
– – Oncology drugs, Amgen sued for tying arrangement, La. attorney general withdraws suit (E.D. La.), 346
– – Wellbutrin antidepressant maker sued for monopoly, direct purchasers class certified (E.D. Pa.), 410

– Dosage restrictions for pain medication adopted by State of Washington, patients sue (E.D. Wash.), 573
– Employee benefits, 401(k) plans, Merck sued for fiduciary breach for delaying release of adverse clinical drug study (D.N.J.), 370
– Inflated prices for drugs, average wholesale price

– – Multidistrict litigation, co-lead counsel struck for inadequate representation of class interests (D. Mass.), 55; settlement of consumer and insurer claims announced, 202; State of Utah claims remanded to state court, 509
– – Published drug prices, fairness hearing set on First Databank settlement (D. Mass.), 17; court refuses to approve settlement, 106; third party payor class certified for damage purposes, 233; amended settlement filed, 472
– – RICO suit filed by city of San Francisco (D. Mass.), 408

– Job discrimination, racial bias by Walgreens drug store chain, settlements approved by court (S.D. Ill.), 294
– Lipitor cholesterol drug, health care benefit funds suing over pricing must respond to Pfizer interrogatory (N.D. Ill.), 59
– Overtime, Eli Lilly sales representatives class conditionally certified (S.D. Ind.), 210
– Prescription drug benefits, pharmacies sue insurer for inadequate reimbursement, class certified (M.D. Ala.), 499
– Product liability

– – Antibiotic maker's motion to transfer suits to plaintiffs' home states denied (D. Minn.), 253; multidistrict litigation panel consolidates suits, 519
– – Aredia and Zometa bone-building drugs, suits designated as mass tort (N.J. Super. Ct.), 161
– – Fosamax osteoporosis drug, medical monitoring class denied certification (S.D.N.Y.), 51
– – Gadolinium contrast dyes used in magnetic resonance imaging

– – – Federal suits consolidated (N.D. Ohio), 206
– – – N.J. suits consolidated (N.J. Super. Ct.), 428

– – Heparin anticoagulant, multidistrict litigation panel to hear motion to consolidate suits, 427; suits consolidated, 474
– – Hormone replacement drugs, plaintiff is inadequate class representative, certification denied (S.D. Cal.), 184
– – Ortho-Evra contraceptive patch makers oppose consolidation of cases for trial (N.D. Ohio), 209
– – Paxil antidepressant prescribed for pediatric use, maker settles third party payer claims (D. Minn.), 466
– – Reglan gastric reflux drug, brand-name makers not liable for injuries caused by generic alternatives (W.D. Ky.), 553
– – Rezulin diabetes drug makers may be sued, state law fraud exception to immunity not preempted (U.S., aff), 208
– – Seroquel antipsychotic drug maker's retention of plaintiffs' doctors as expert witnesses (M.D. Fla.), In Brief, 429
– – Trasylol blood clotting agent, parties disagree on appropriate forum for multidistrict litigation, 207
– – Vioxx arthritis drug, proposed settlement

– – – Conferees discuss proposal, 74
– – – Enrollment of claimants exceeds threshold participation rate, Merck says, 201

– Securities fraud

– – Anticoagulant drug maker sued for misrepresentations to foreign investors, suit dismissed for lack of jurisdiction (S.D.N.Y.), 459
– – Avandia diabetes drug maker had no duty to disclose adverse data on risks, suit dismissed (S.D.N.Y.), 424
– – Biotechnology firm sued over statements about Surfaxin drug product, claims dismissed (3d Cir.), 391
– – Celebrex and Bextra pain relief drugs, suit to proceed against Pfizer for misrepresenting safety of (S.D.N.Y.), 534
– – Paxil drug maker sued for misrepresentations to investors, suit dismissed (2d Cir.), 295
– – Savient Pharmaceuticals investors fail to prove scienter, suit dismissed (3d Cir.), 598
– – Survey finds increasing number of suits filed against firms, 520

PHYSICIANS

– Negligent credentialing of surgeon by medical center, plaintiffs' expert unqualified, suit dismissed (Tex.), 423
– Reimbursement of claims

– – Aetna sued by emergency room doctors (Mass. Super. Ct.), 229
– – Blue Cross and Blue Shield settlement with nationwide class of doctors, final court approval (S.D. Fla.), 390
– – Price fixing claims are subject to arbitration clause in provider contracts with insurers (Mo. Ct. App.), 593
– – United Healthcare, pathologists may proceed with class arbitration, 235

POLICE

– Employee benefits, officers sue city for vested benefits from terminated pension plan, class certified (W.D.N.C.), 7
– Medical leave, description of medical condition causing absence required, preliminary injunction issued (S.D. Ohio), 541

POLLUTION

– Air

See AIR POLLUTION

– Oil and gas

See OIL AND GAS

– Toxic releases

See TOXIC TORTS

– Water

See WATER POLLUTION

PREEMPTION

– Arbitration clause in cell phone contracts waiving class actions, unconscionability under state law not preempted (9th Cir.), 193
– Credit card issuer's inclusion of convenience checks in billing statements, Cal. disclosure law preempted (9th Cir.), 105
– False advertising, 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
– Light cigarettes, deceptive advertising by Philip Morris, state law claims not preempted (U.S., rev grant), 55
– Mortgages, deceptive conduct claims against E*Trade lending firm preempted (9th Cir.), 108
– Product liability, Rezulin diabetes drug makers may be sued, state law fraud exception to immunity not preempted (U.S., aff), 208
– Securities Litigation Uniform Standards Act

See SECURITIES FRAUD

PRICE FIXING

See ANTITRUST

PRISONS AND JAILS

– Disabled pretrial detainees, accommodation of (9th Cir.), In Brief, 339
– Job discrimination, hostile work environment created by male inmates' lewd behavior, prison officials liable to female guards (S.D. Fla.), 429

PRIVACY

– 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

– Consumers

See CONSUMER PROTECTION; FINANCIAL PRIVACY

– Damages, Transportation Security Admin. workers may sue for emotional harm after agency lost hard drive holding personal data (D.D.C.), 333
– 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
– European Union e-Privacy Directive, proposed revisions reviewed by EU data protection official, 335
– Internet

See ELECTRONIC COMMERCE; INTERNET

PRIVATE SECURITIES LITIGATION REFORM ACT (PSLRA)

See SECURITIES FRAUD

PRODUCT SAFETY AND LIABILITY

– Aircraft owners sue maker of faulty crankshafts, class decertified (E.D. Cal.), 327
– Airliner crash in Brazil linked to defective thrust reverser, wrongful death suits filed (S.D. Fla.), 299
– Asbestos

See ASBESTOS

– Building materials

See BUILDING AND CONSTRUCTION

– Children

See CHILDREN

– Cigarettes

– – Medical monitoring suit dismissed (Or.), 376
– – Smoking cessation program to be funded by industry (La. Civ. Dist. Ct.), 602

– Computers

– – Apple settles suit over defective power adaptors (N.D. Cal.), 422
– – Sony Vaio computers with defective solder joints, suit dismissed (N.D. Cal.), 602

– Drugs

See PHARMACEUTICALS

– Fitness machines, Nautilus moves to strike amended complaint, and remove suit to federal court (Ark. Cir. Ct., W.D. Ark.), 99
– Food

See FOOD

– Jurisdiction asserted by U.S. courts to hear suits against foreign makers (N.D. Cal., S.D. Tex.), 456
– Latex glove maker need not indemnify innocent seller for products made by other firms (Tex.), 285
– Medical devices

See MEDICAL DEVICES

– Motor vehicles

See MOTOR VEHICLES

– Multidistrict litigation

See MULTIDISTRICT LITIGATION (MDL)

– Paints

See PAINTS AND COATINGS

– Plastic bottles made with bisphenol-A chemical

– – Baby bottle makers sued (W.D. Mo.), 367
– – Sports bottle maker sued (E.D. Cal.), 371

– Stoves prone to tipping over, Sears settlement approved by court (Ill. Cir. Ct.), 198
– Televisions, optical block defects, Sony settles consumer suit (S.D.N.Y.), 421
– Toxic substances

See TOXIC TORTS

PSLRA (PRIVATE SECURITIES LITIGATION REFORM ACT)

See SECURITIES FRAUD

PUBLIC EMPLOYEES

See GOVERNMENT EMPLOYEES

PUBLIC UTILITIES

See UTILITIES