Class Action Litigation Report® Index-Summary

PATENTS

– Cellular telephone system standards, end-customer injuries too remote to support standing (S.D. Cal.), 287

PENNSYLVANIA

– Epilepsy drug, patient class seeking reimbursement for off-label use decertified (Pa. Ct. Comm. Pleas), 166
– Pre- and post-shift work, shipper did not violate state law by failing to pay couriers (M.D. Pa.), 27
– Securities fraud, pension fund claim for investing in funds managed by Madoff (E.D. Pa.), 158

PENSIONS

– Artificially inflated stock

– – Pfizer, fiduciary breach claims by employees plausible enough to proceed (S.D.N.Y.), 330
– – Pilgrim's Pride, concealment of firm's financial information to inflate stock, alleged breach of ERISA duties (E.D. Tex.), 56

– Cash balance plans, failure to use “whipsaw” calculation in determining lump-sum distributions, class certified (W.D. Wash.), 169
– Concrete company, claims of reduced benefits from plan amendment settled, class certified (N.D. Iowa), 215
– Ease of certification in fee claims is major development, speaker tells conferees, 293
– Goldman Sachs misrepresentations about mortgage pass-through certificates alleged, claim by public pension fund (S.D.N.Y.), 157
– Madoff fraud

– – Ancillary claims name retirement account managers (D. Colo.), 448
– – Union fund files ERISA claims for failure to investigate or supervise (S.D. Tex.), 419

– Retirement plan sponsors, claims against investment advisers, Special Report, 244
– Securities lending claims

– – JPMorgan, claims alleged breach of duty to clients (S.D.N.Y.), 103; related claims filed by second pension fund, 309; cases consolidated, 438
– – Northern Trust, employee claims fees were unreasonable in light of risks (S.D. Ill.), 311

PHARMACEUTICALS

– Anti-inflammatories

– – Deceptive marketing claims, individual issues preclude class certification (Cal. Super. Ct.), 468
– – Unjust enrichment and marketing claims, preliminary settlement approval (N.D. Cal.), 289

– Anti-psychotic, review of RICO claim certification (2d Cir.), 109
– Antibiotics, nonparties may not be deposed during precertification discovery (E.D.N.Y.), 426
– Antitrust

– – Cholesterol reducers, impeding generic versions, claims settled (D. Del.), 441
– – Hypertension generic drug, review of certification of class of purchasers denied (D.C. Cir.), 171
– – Potassium chloride, delay of generic onto market, purchaser class certified (D.N.J.), 60

– Brazilians file claims against chemical, pharmaceutical, and oil companies for dumping (S.D. Ind.), 419
– Broken pills, class certified, settlement approved (D.P.R.), 236
– Cholesterol, misrepresentation claims filed after FDA warning letter to cereal firm (E.D. Cal.), 465
– Employee benefits, artificially inflated stock in retirement plans, claim may proceed (S.D.N.Y.), 330
– Nonconsensual human testing, Nigerian plaintiffs may bring claims for antibiotic trials (2d Cir.), 140
– Nutritional supplements

See VITAMINS AND NUTRITIONAL SUPPLEMENTS

– Off-label marketing

– – Multidistrict litigation, Neurontin subclasses share issues of fact, but not predominance, class not certified (D. Mass.), 471; risk of suicide, general causation evidence may be presented, 481
– – Pa., patient class seeking reimbursement decertified (Pa. Ct. Comm. Pleas), 166

– Overcharges, class of health providers not certified, first trial put on fast track to determine suitability of remainder of claims (N.D. Cal.), 473
– Painkillers, individual issues dominate in cost-recoupment claims, class not certified (N.J. Super. Ct.), 267
– Pharmacy benefits manager, use of weekly price updates alleged to be contract breach, summary judgment denied (M.D. Ala.), 282
– Preemption

– – Failure to warn, changes predicted by panelists due to Levine decision, 504
– – Heartburn drug, false advertising claims remanded for reconsideration (3d Cir.), 439

– Prescription drug pricing claims, class certified and settlement approved (D. Mass.), 285; drugstores to appeal, 435
– Reimbursement for treatment

See HEALTH INSURANCE

– Securities fraud

– – Alzheimer's drug, claims re flawed clinical trial dismissed (S.D.N.Y.), 341
– – Antivirals, loss causation adequately pled where demand was fueled by unlawful marketing practices (U.S., rev den), 385
– – Arthritis drug, claim by investors re clinical study misrepresentations is timely (3d Cir.), 123
– – Prostate cancer drug, misrepresentations over regulatory approval, claims may proceed (S.D.N.Y.), 176
– – Study, most claims against biotechnology companies related to accounting or financials, 397

– Ulcer drug recall, no civil remedy without side effects or failure of efficacy (N.D. Cal.), 494
– Vitamins

See VITAMINS AND NUTRITIONAL SUPPLEMENTS

PLEADINGS

– Securities fraud, vague claims dismissed with prejudice (S.D.N.Y.), 393
– Self-tender followed by dividend increase, no strong inference of scienter in pleadings (5th Cir.), 392
– Windows, shifting theories and absence of factual support lead to dismissal of product liability claims (8th Cir.), 391

PREEMPTION

– Ethanol blended gasoline, claim by boat owners that oil company failed to warn of damage to engines not preempted by federal law (S.D. Fla.), 122
– False advertising

– – Cigarettes labeled light or low tar, state claims not preempted (Mass.), 274
– – Pasta sauce advertisement of “all natural” ingredients, claim not preempted (N.D. Cal.), 181
– – Salmon sold by grocery stores not labeled as artificially colored, state law claims not preempted (U.S., rev den), 64

– False advertising claims re heartburn drug remanded for reconsideration in light of Levine (3d Cir.), 439
– Federal Arbitration Act does not bar state law contract defenses to class action waiver (3d Cir.), 184
– Medical devices

– – Cardiac defibrillator leads, product liability claims preempted, post-dismissal leave to amend denied (D. Minn.), 500
– – Premarket approval, removal of preemption of state tort suits

See LEGISLATION, FEDERAL, HR 1346, S 540

– Pharmaceuticals, panelists predict changes in failure-to-warn claims due to Levine decision, 504
– Securities Litigation Uniform Standards Act

– – Bribery to place trades through particular broker-dealer, class claims by investors barred (7th Cir.), 188
– – Entire action need not be dismissed if some claims are covered by Act (3d Cir.), 119
– – Mutual funds, variable annuity investors harmed by market timing, Act preempts claims (4th Cir.), 134

PRIVACY

– Data breaches

– – Brokerage, preliminary approval given to settlement despite concerns (N.D. Cal.), 492
– – Royal Bank of Scotland, payment processing data hacked, consumers amend complaint (N.D. Ga.), 161
– – Standard of care becoming process-oriented, federal standards for health care may become benchmark, 292
– – Starbucks, employee claim re laptop data breach (W.D. Wash.), 161
– – Supermarket, bulk of claims dismissed, negligence-based claims for unreimbursed charges survive (D. Me.), 479
– – Veterans Affairs Dep't (D.D.C.), In Brief, 196

– Facebook Beacon program, unilateral right to modify renders contract illusory, motion to compel arbitration denied (N.D. Tex.), 389
– Heartland Payment Systems

– – Cost of replacing credit and debit cards sought by banks (D.N.J.), 157
– – Credit and debit card data alleged to have breached (D.N.J.), 102
– – Securities fraud claims alleging misleading disclosures re breach (D.N.J.), 261

– Labor unions, accessing motor vehicle records for organizing campaign was violation of Driver's Privacy Protection Act (U.S., rev den), 282
– Social Security number stolen from county Web site, financial damage not liberty interest protected by due process (U.S., rev den), 70
– Tax preparer, disposal of personal information in trash, claims against franchisee dismissed other than invasion of privacy (E.D. La.), 65

PRIVATE SECURITIES LITIGATION REFORM ACT (PSLRA)

– Auction rate securities, motion to lift PSLRA discovery stay to assist litigation strategy denied (S.D.N.Y.), 388
– Gun manufacturer, claims re product demand may proceed (D. Mass.), 378
– Scienter

– – Grocery chain, investors in corporate parent failed to plead adequately against auditors (4th Cir.), 75
– – Software development, capitalizing costs to avoid recognition as expenses, investor claims dismissed (9th Cir.), 70

– SLUSA

See SECURITIES LITIGATION UNIFORM STANDARDS ACT (SLUSA)

– Wireless telecommunications, actual knowledge of falsity in statements unaccompanied by cautionary language not shielded by safe harbor (5th Cir.), 383

PROCEDURE

– Appeals

See APPEALS

– Certification of classes

See CERTIFICATION

– Choice of law, analysis not required prior to certification of class (U.S., rev den), 61
– Class Action Fairness Act

See CLASS ACTION FAIRNESS ACT (CAFA)

– Discovery

See DISCOVERY

– Forum selection

See FORUM SELECTION

– Jurisdiction

See JURISDICTION
– – Removal

See REMOVAL JURISDICTION

– Limitations periods

See STATUTES OF LIMITATIONS

– Multidistrict litigation

See MULTIDISTRICT LITIGATION (MDL)

– Preemption

See PREEMPTION

– Settlements

See SETTLEMENTS

– Standing

See STANDING

PRODUCT SAFETY AND LIABILITY

– Aircraft, MDL court has no authority to decide airworthiness issue (D. Kan.), 241
– Anti-psychotic drug, review of RICO class certification (2d Cir.), 109
– Asbestos

See ASBESTOS

– Beryllium-containing products, exposure by space center workers not “compensable injury,” claims dismissed (5th Cir.), 79
– Building materials

See BUILDING AND CONSTRUCTION

– Cigarettes

See TOBACCO INDUSTRY

– Computers

– – Apple, defective iMac screens alleged (N.D. Cal.), 56
– – Canada, defective laptops, conditional certification granted (Ont. Super. Ct. Just.), 116

– Ethanol blended gasoline for boats, federal law does not preempt claim by owners that oil company failed to warn of damage to engines (S.D. Fla.), 122
– Flea collars, NRDC files claims for lack of cancer warnings (Cal. Super. Ct.), 420
– Gas station pipe manufacturer, remand of removed case reviewable if district court declines supplemental jurisdiction (5th Cir.), 141
– Medical devices

See MEDICAL DEVICES

– Motor vehicles

See MOTOR VEHICLES

– Pipe fittings company ordered to name witness on preservation of evidence (D. Minn.), 22
– Toxic substances

See TOXIC TORTS

PSLRA

See PRIVATE SECURITIES LITIGATION REFORM ACT (PSLRA)