Class Action Litigation Report® Index-Summary

SALARIES

SCHOOLS

– Medical research, buyer of body parts from Willed Body Program at UCLA owed duty of care to family members (Cal. Ct. App.), 590
– Professional degree fees, refunds to graduate students ordered, university files appeal (Cal.), 19; review denied, 104
– Racial discrimination, desegregation of Ala. universities, settlements upheld (11th Cir.), 342

SECURITIES

– Antitrust, short sellers' claims against brokerage firms dismissed (S.D.N.Y.), 68
– Arbitration

– – Citigroup may arbitrate investor suit despite removing suit and seeking transfer to multidistrict litigation court (Tex.), 413
– – WorldCom employee's award for investment losses sent back to arbitrator for clarification (2d Cir.), 147

– ESOPs

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Fraud

See SECURITIES FRAUD

– Job discrimination

– – Morgan Stanley financial advisors, court asks for parties' briefs on proposed settlement (N.D. Cal.), 21; preliminary approval of settlement, 154
– – Smith Barney settles female brokers' suit (N.D. Cal.), 289

– Jurisdiction, Class Action Fairness Act allows removal of state law claims to federal court (2d Cir.), 414
– Limited liability company members may file derivative suits under state law (N.Y.), 162
– Mergers

– – Alliance Data Systems settles shareholder claims over proposed merger agreement, 518
– – Attorneys' fees may be awarded to shareholder who achieved higher tender offer price by contesting settlement in parallel suit (Del.), 56
– – Takeover offer for Anheuser-Busch brewery, board of directors sued for lack of good faith consideration of (Mo. Cir. Ct.), 497

– Philadelphia Stock Exchange shareholders challenge institutional investors' acquisition of ownership control, settlement approved (Del.), 292

SECURITIES FRAUD

– Accounting fraud

See ACCOUNTING

– Appeal of grant of class certification (U.S., rev den), In Brief, 15
– Attorneys

– – Documents stolen from defendant Coca-Cola bought by class counsel, special master finds lawyers unfit to serve (N.D. Ga.), 186; suit settled, court gives preliminary approval, 555
– – Fees

– – – Bad faith withdrawal from suit, plaintiffs liable for fees and costs of defendants (Del. Ch.), 240
– – – Prevailing defendant's fees paid by plaintiffs' lawyer

See LEGISLATION, FEDERAL, HR 5463

– – – Reduced fees awarded for “less than stellar” representation (S.D.N.Y.), 58

– – Kickbacks from Milberg Weiss law firm to lead plaintiffs

See CRIMINAL LAW AND PROCEDURE

– Auction rate securities, misrepresentations by broker-dealers, class suits filed, government investigations underway, 365
– Backdating stock options

See STOCK OPTION BACKDATING

– Bank merger challenged for misrepresentations in prospectus, pension fund's motion to intervene untimely (7th Cir.), 585
– Computer firm sued for misrepresenting development of novel memory technology, suit dismissed (8th Cir.), 466
– England, increase in class suits filed in, Analysis and Perspective, 356
– Enron shareholder suits

– – Banc of America Securities settlement, extension of opt-out deadline denied (5th Cir.), 598
– – Goldman, Sachs settles suit (S.D. Tex.), 154
– – Investment banks sued for helping to hide losses, class properly decertified (U.S., rev den), 65
– – Tex. state law claims preempted (5th Cir.), 584

– Expert witness to plead guilty to perjury (E.D. Pa.), 245
– Health care firm not liable for nondisclosure of payments to state legislator, suit dismissed (6th Cir.), 471
– Hedge funds, Bear Stearns sued for misrepresenting financial results

– – Eastside Holdings files suit (S.D.N.Y.), 223; lead plaintiff status sought by State of Michigan, 408
– – Greek foundation suit filed (S.D.N.Y.), 265

– Image Innovations Holdings, dismissal of investor claims (S.D.N.Y.), In Brief, 339
– Initial public offerings

– – Aftermarket purchaser claims dismissed for failure to identify class representatives (S.D.N.Y.), 425
– – Heightened fraud pleading requirements inapplicable to investor claims (9th Cir.), 416
– – Sourcefire investors' claims (D. Md.), In Brief, 420

– Insider trading

– – JDS Uniphase executives not liable, jury verdict discussed by conferees, 111
– – Mergers, acquiring firm's use of information obtained during (W.D. Wash.), In Brief, 205

– Kickbacks to brokers and excessive fees charged, investor claims against American Funds time-barred (C.D. Cal.), 548
– Lawsuits filed in 2007

– – Increase over 2006 total, study issued, 32
– – PricewaterhouseCoopers study released, 353

– Lead plaintiffs

See LEAD PLAINTIFFS

– Legg Mason shares, omissions in offering documents (S.D.N.Y.), In Brief, 285
– Loss causation not shown by Omnicom Group investors, suit dismissed (S.D.N.Y.), 155
– Medical device maker sued for withholding information about defective coronary stent, suit reinstated (1st Cir.), 331
– Mortgages

– – AIG sued for misrepresenting value of credit default swaps in subprime mortgage market, Mich. attorney general joins suit (S.D.N.Y.), 576
– – Analysis and Perspective of subprime mortgage suits, 482
– – Countrywide Financial sued for inflating share price, financial services firms added as defendants (C.D. Cal.), 90
– – Countrywide Home Loans denied removal of suit to federal court (9th Cir.), 584
– – Downey Financial sued for false representations of its investments in subprime mortgages (C.D. Cal.), 444
– – Freddie Mac inflated value of shares by denying exposure to subprime mortgages, investors suit alleges (N.D. Ohio), 47

– New York Stock Exchange immune from suit alleging misconduct by specialist firms (U.S., rev den), 239
– Newspaper circulation figures inflated, publisher not liable (7th Cir.), 343
– Pharmaceutical companies

See PHARMACEUTICALS

– Price-fixing scheme allegedly inflated value of Micron Technologies stock, shareholder class certified (D. Idaho), 8
– Private Securities Litigation Reform Act

– – Biotechnology firm sued over statements about Surfaxin drug product, claims dismissed (3d Cir.), 391
– – British investor with largest financial interest named class representative over institutional investor (N.D. Cal.), 190
– – Private investment in public equity offerings, FBR investor claims dismissed for lack of particularity (S.D.N.Y.), 339
– – Scienter

– – – Collective scienter theory rejected in collateralized bond investments suit (2d Cir.), 550
– – – Guidant medical device maker (S.D. Ind.), In Brief, 211

– – Union pension fund named lead plaintiff in Radian Group suit (E.D. Pa.), 103

– Research analyst statements did not affect stock price, investor class decertified (S.D.N.Y.), 180
– Scheme liability theory cannot be basis for investor's suit (U.S., aff), 53; conferees assess impact of decision, 163; Practising Law Inst. Webcast on ruling, 164; Analysis and Perspective, 166
– Securities Litigation Uniform Standards Act

– – Best execution duty, investors' breach claims against Fidelity preempted (S.D. Ill.), 548
– – Enron investors' state law claims preempted (5th Cir.), 584
– – Executive compensation allegedly misrepresented in proxy statements, investor suit preempted (2d Cir.), 592
– – Fiduciary breach claims against Bank of America for not disclosing conflicts of interest are preempted (8th Cir.), 455; similar suit dismissed (8th Cir.), 518
– – “Pump and dump” scheme, trustees may litigate claims on behalf of corporation (3d Cir.), 241
– – Short-selling scheme by broker, preemption of claims (10th Cir.), In Brief, 387
– – Trust beneficiary claims over transfer of assets into mutual funds are precluded (Cal. Ct. App.), 94; (Cal., rev den), 386

– Settlements

– – Auditing firms, Deloitte settlement of Delphi investor claims (E.D. Mich.), In Brief, 28
– – Coca-Cola, court gives preliminary approval to agreement (N.D. Ga.), 555
– – Damage awards in cases settled in 2007, report issued, 303
– – Enron shareholder suits

– – – Banc of America Securities settlement, extension of opt-out deadline denied (5th Cir.), 598
– – – Goldman, Sachs settles (S.D. Tex.), 154

– – Merrill Lynch research reports allegedly overvalued Tyco stock, court approves settlement (S.D.N.Y.), 388
– – Parmalat

– – – Banks settle claims that they helped Parmalat conceal debts and inflate income, 516
– – – Shareholder suit settled, 390

– – Qwest officials' objections to settlement rejected by court, suit remanded for explanation (10th Cir.), 67; rehearing denied, 338
– – Stock option backdating

– – – Brocade Communications settles shareholder suit (N.D. Cal.), 463
– – – United Health Group settles suit (D. Minn.), 549

– – Xerox settles investor suit over revenue recognition scheme, 295

– Skechers statements on earnings projections, dismissal of investor claims (9th Cir.), In Brief, 392
– Solar wafer maker sued for misrepresenting inventory (N.D. Cal.), In Brief, 513
– TXU Corp. suppression of stock price during offering period (N.D. Tex.), In Brief, 348
– Tyco Intl. sued by state workers' pension funds for investment losses (E.D. Mich.), 160

SECURITIES LITIGATION UNIFORM STANDARDS ACT (SLUSA)

See SECURITIES FRAUD

SETTLEMENTS

– Antitrust

See generally ANTITRUST

– Attorneys

– – Fees, court's allocation of fees to class counsel must be open and fact-based (5th Cir.), 147
– – Kickback scheme with lead plaintiffs, Milberg Weiss law firm settles with DOJ (C.D. Cal.), 507

– Consumer protection

– – Annuities, trial court improperly barred insurer from discussing settlements of other lawsuits (9th Cir.), 384
– – Drugs

See PHARMACEUTICALS

– – Lenscrafters settles suit by persons who had in-store eye exams (Cal. Super. Ct.), 465
– – Privacy

See Privacy, this heading

– – Product liability

See Product liability, this heading

– – Wireless phone customers

– – – Early termination fees, Verizon settles suit (Cal. Super. Ct.), 596
– – – Excise tax surcharge added to Sprint service bills, customer class action barred by settlement in out-of-state case (W.D. Wash.), 198
– – – Text messages, unauthorized, from Facebook Mobile users (N.D. Cal.), In Brief, 29

– Education, desegregation of Ala. universities, agreements upheld (11th Cir.), 342
– Employee benefits

– – 401(k) plans, GM settles fiduciary breach suit over prudence of offering company stock as investment option, court approval sought (E.D. Mich.), 65
– – Health insurance, retiree benefits

See RETIREMENT

– – Military leave, pilots not credited with benefits while serving on, American Airlines settles DOJ suit (N.D. Tex.), 347
– – Pensions

See PENSIONS

– Health care

– – Blue Cross settles hospital suit for costs of treating patients whose coverage was rescinded (Cal. Super. Ct.), 554
– – Disability bias, Sutter Health settles ADA suit (Cal. Super. Ct.), 342
– – Eating disorders, Aetna settles insureds' suit over denial of benefit claims (D.N.J.), 467
– – Physician reimbursement claims, Blue Cross and Blue Shield settlement with nationwide doctors class, final court approval (S.D. Fla.), 390
– – Uninsured patients allegedly overcharged, Scripps Health settles suit (Cal. Super. Ct.), 108

– Job bias

See generally EMPLOYMENT DISCRIMINATION

– Mergers

– – Alliance Data Systems settles shareholder challenge suit, 518
– – Attorneys' fees may be awarded to shareholder who achieved higher tender offer price by contesting settlement in parallel suit (Del.), 56

– Notice of nationwide class settlements, Analysis and Perspective, 113
– Privacy

– – Certegy Check Services settles suit over former worker's theft and sale of customer personal data (M.D. Fla.), 249
– – ChoicePoint data broker settles suit over sale of personal information to identity thieves (N.D. Ga.), 105
– – Credit cards

– – – TJX retailer settles MasterCard suit for damages caused by customer data security breach, 293
– – – Verizon sued for printing expiration dates on receipts, proposed settlement vacated (W.D. Pa.), 508

– Product liability

– – Asbestos, W.R. Grace reaches proposed settlement (Bankr. D. Del.), 287
– – Computers, Apple settles suit over defective power adaptors (N.D. Cal.), 422
– – Coolant used by GM damaged engines, settlements approved (Cal. Super. Ct., Mo. Cir. Ct.), 345
– – Guidant heart defibrillators (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
– – Lead paint, Thomas the Tank Engine toy maker settles suit (Ill. Cir. Ct.), 108
– – Paxil antidepressant prescribed for pediatric use, maker settles third party payer claims (D. Minn.), 466
– – Pet food contamination, Menu Foods announces settlement (D.N.J.), 292; preliminary approval by court, 465
– – 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
– – Vioxx arthritis drug settlement discussed by conferees, 74; enrollment of claimants exceeds threshold participation rate, Merck says, 201

– Restatement of Law, amendments to aggregate settlement chapter considered by Am. Law Inst., 479
– Securities

– – Fraud

See SECURITIES FRAUD

– – Philadelphia Stock Exchange shareholders challenge institutional investors' acquisition of ownership control, settlement approved (Del.), 292

– Toxic torts, vinyl chloride in wastewater from manufacturing plant, court approves settlement of residents' claims (E.D. Pa.), 199
– Wages

See WAGES AND SALARIES

SEX DISCRIMINATION

– Job bias

See EMPLOYMENT DISCRIMINATION

SEXUAL HARASSMENT

See EMPLOYMENT DISCRIMINATION

SHIPS AND SHIPPING

– Exxon Valdez oil spill, punitive damages award was excessive (U.S., vac), 512

SLUSA (SECURITIES LITIGATION UNIFORM STANDARDS ACT)

See SECURITIES FRAUD

SMOKING

See TOBACCO INDUSTRY

SPORTS AND RECREATION

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

STANDING

– Cal. revised standing law, Proposition 64, unfair competition plaintiff must show injury-in-fact and causation (Cal. Ct. App.), 60
– Dating service contracts allegedly void, lead plaintiff dismissed for lack of injury (Cal. Ct. App.), 453
– 401(k) plans

– – Full distribution of benefits received prior to employer's alleged fiduciary breach, participant cannot sue (2d Cir.), 25
– – Northwest Airline machinists cannot sue fiduciaries of pilots' plan (8th Cir.), 196

– Health maintenance organization participants cannot sue for reimbursement of excessive copayments (E.D. Mo.), 460
– Job discrimination, pattern-or-practice claims against Coca-Cola dismissed, plaintiffs failed to seek class status (11th Cir.), 136
– Pensions, W.R. Grace workers who received lump-sum distribution of benefits may sue fiduciaries for breach of duty (1st Cir.), 586
– Product liability, seat belts, fear of injury from accidental release too remote, suit dismissed (Tex.), 97

STATE AND LOCAL GOVERNMENT

– Attorneys general, hiring of private lawyers to litigate state suits, conferees discuss, 256
– Children, foster care services inadequate, suit alleges (N.D. Okla.), 133
– Disability discrimination

– – Elections, mobility-impaired voters allege Philadelphia polling places inaccessible, class certified (E.D. Pa.), 271
– – Jail facilities, accommodation of disabled pretrial detainees (9th Cir.), In Brief, 339
– – Pedestrian walkways maintained by Cal. Dep't of Transportation, class certified (N.D. Cal.), 325

– Employees

See GOVERNMENT EMPLOYEES

– Health care

– – Medicare and Medicaid

See MEDICARE AND MEDICAID

– – Prescription drug maker inflated prices, San Francisco suit alleges (D. Mass.), 408

– Living wage ordinance violated by city contractor (Cal. Ct. App.), 514
– Lottery ticket buyers sue state agency for advertising unavailable prizes, certification denied (D.S.C.), 326
– Municipal derivatives sellers and brokers sued for bid-rigging on guaranteed investment contracts (N.D. Cal.), 319
– Real property, Tex. cities and counties sue Homeland Security Dep't over proposed construction of wall along border with Mexico (D.D.C.), 409
– Sovereign immunity does not bar removal of La. attorney general suit against insurers for nonpayment of Hurricane Katrina claims (5th Cir.), 337
– Subprime mortgages, Cleveland sues lenders over foreclosure crisis in city (Ohio Ct. Com. Pl.), 73
– Taxes

See TAXATION

STATUTES OF LIMITATIONS

– Antitrust challenge to merger of hospitals, court refuses to dismiss suit as untimely filed (N.D. Ill.), 457
– 401(k) plans, Owens Corning workers' fiduciary breach suit not time-barred (N.D. Ohio), 282
– Job discrimination claims of Boeing workers time-barred (9th Cir.), 194
– Product liability, steering system defects in DaimlerChrysler cars, owners' claims not time-barred (Okla.), 538
– Securities fraud claims against American Funds time-barred (C.D. Cal.), 548
– Toxic torts

– – Chemical plant contaminated nearby residents' property, maker moves to dismiss claims as time-barred (Ala. Cir. Ct.), 560
– – Radioactive emissions from nuclear facility, filing period for individual suit tolled by pending class suit (9th Cir.), 415

STOCK OPTION BACKDATING

– Brocade Communications settles shareholder suit (N.D. Cal.), 463
– Jabil Circuit investor suit dismissed (M.D. Fla.), 334
– United Health Group settles suit (D. Minn.), 549

SUPREME COURT, U.S.

– Arbitration

– – Appeals of arbitrator's rulings, scope of judicial review may not be expanded by agreement of parties (vac), 276
– – Overtime, Circuit City may be barred from enforcing class action waiver (rev den), 275

– Employment discrimination

– – Intake questionnaire submitted to EEOC may be considered filing of ADEA “charge” (aff), 190
– – Pregnancy Discrimination Act, women entitled to full service credit for pre-Act leaves, solicitor general invited to file brief, 62

– Environment, Exxon Valdez oil spill, punitive damages award was excessive (vac), 512
– False advertising

– – Light cigarettes, state law claims against Philip Morris not preempted (rev grant), 55
– – Salmon sold by grocery stores not labeled as artificially colored, state law claims not preempted (rev sought), 543

– Pensions, cost-of-living adjustments wrongly excluded from lump-sum distributions (rev den), 241
– Product liability

– – Recall by Hyundai excludes Puerto Rico vehicles, consumer lacks private right of action to contest (rev den), 379
– – Rezulin diabetes drug makers may be sued, state law fraud exception to immunity not preempted (aff), 208

– Securities fraud

– – Appeal of grant of class certification (rev den), In Brief, 15
– – Enron shareholders suit against investment banks, class properly decertified (rev den), 65
– – New York Stock Exchange immune from suit alleging misconduct by specialist firms (rev den), 239
– – Scheme liability theory cannot be basis for investor's suit (aff), 53; conferees discuss impact of decision, 163; Practising Law Inst. Webcast on ruling, 164; Analysis and Perspective, 166

– Taxation, real property assessments (rev den), In Brief, 513