Class Action Litigation Report® Index-Summary

TAXATION

– Electronically filed tax returns, Free File Alliance sued for charging excessive fees, taxpayers may amend antitrust claim (E.D. Pa.), 458
– Excise taxes, state surcharge added to Sprint wireless service bills, customer class action barred by settlement in out-of-state case (W.D. Wash.), 198
– Fire protection services fee charged to Dallas commercial property owners was illegal tax (Tex.), 290
– Fraudulent returns allegedly prepared by Jackson Hewitt franchises, taxpayer suit dismissed (N.D. Ill.), 279
– Occupancy taxes unpaid by online hotel reservation firms

– – Cities class denied certification (S.D. Ill.), 273
– – San Antonio, Tex. suit granted certification (W.D. Tex.), 446; petition to appeal denied (5th Cir.), 577

– Real property tax assessments, class certification (U.S., rev den), In Brief, 513
– Utility user tax collected by L.A. County, challenge suit filed, class certified (Cal. Ct. App.), 97

TELECOMMUNICATIONS

– Internet

See INTERNET

– Privacy, European Union e-Privacy Directive, proposed revisions reviewed by EU data protection official, 335
– Telephones

See TELEPHONES

– Television

See TELEVISION

TELEPHONES

– Antitrust, Apple iPhone buyers required to buy AT&T services, interim lead counsel appointed (N.D. Cal.), 383; amended complaint filed, 407
– Arbitration, class action waivers

– – AT&T contract clause is enforceable (E.D. Pa.), 415
– – T-Mobile provision is unconscionable (9th Cir.), 193
– – Verizon contract clause invalid, arbitrator certifies nationwide classes, 135

– Early termination fees

– – Sprint customer suit alleges excessiveness, jury splits verdict (Cal. Super. Ct.), 515
– – Verizon settles suit (Cal. Super. Ct.), 596

– Excise tax surcharge added to Sprint wireless service bills, customer class action barred by settlement in out-of-state case (W.D. Wash.), 198
– Privacy

– – Credit card expiration dates printed on receipts, Verizon proposed settlement vacated (W.D. Pa.), 508
– – Facebook Mobile users' unauthorized text messages to wireless customers (N.D. Cal.), In Brief, 29

– Telephone Consumer Protection Act

– – Insurer's duty to defend or indemnify defendant, court declines to hear declaratory judgment suit (S.D. Ohio), 69
– – M and M Rental Center sued for sending junk faxes, class certified (N.D. Ill.), 374; defendant files petition to appeal (7th Cir.), 374

TELEVISION

– Advertising, “Q-Ray Ionized Bracelets,” marketer liable for deceptive infomercials (7th Cir.), 30
– Consumer fraud suit to proceed against maker of high definition televisions unable to receive 1080p signals (D.N.J.), 509
– Gambling statute does not allow recovery of text messaging fee by viewer who participated in “Lucky Case Game” (Ga.), 390
– Product liability, optical block defects, Sony settles consumer suit (S.D.N.Y.), 421
– Wage suits filed by reality show workers, law firm not disqualified from representing (Cal. Ct. App.), 461

TERRORISM

– Screening database records, discovery granted to plaintiffs who allege wrongful detention at border stops (N.D. Ill.), 385
– World Trade Center, post-Sept. 11 air quality, EPA administrator not individually liable for misleading statements (2d Cir.), 388

TESTIMONY

See EXPERT WITNESSES

TEXAS

– Hazardous waste from aluminum manufacturing plant (Tex. Ct. App.), In Brief, 426
– Medical center sued over negligent credentialing of surgeon, plaintiffs' expert unqualified, suit dismissed (Tex.), 423
– Natural gas leases, underpayment of royalties, owner subclass certified (Tex.), 181
– Product liability

– – Latex glove maker need not indemnify innocent seller for products made by other firms (Tex.), 285
– – Seat belts, fear of injury from accidental release too remote, suit dismissed (Tex.), 97

– Rental car customers challenge Hertz fuel service charge, class decertified (Tex. Ct. App.), 580
– Securities, Citigroup may arbitrate investor suit despite removing suit and seeking transfer to multidistrict litigation court (Tex.), 413
– Taxation, fire protection services fee charged to Dallas commercial property owners was illegal tax (Tex.), 290

TOBACCO INDUSTRY

– Light cigarettes, deceptive advertising by Philip Morris

– – Me. state law claims not preempted (U.S., rev grant), 55
– – RICO civil claimants class decertified (2d Cir.), 268

– Product liability

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

TORT REFORM

– Class Action Fairness Act

See CLASS ACTION FAIRNESS ACT

– Private Securities Litigation Reform Act

See SECURITIES FRAUD

– Securities Litigation Uniform Standards Act

See SECURITIES FRAUD

TOXIC TORTS

– Agent Orange herbicide, product liability claims

– – Removal of suits to federal court upheld (2d Cir.), 284
– – Veterans' injury claims barred by government contractor defense (2d Cir.), 284
– – Vietnamese nationals' Alien Tort Statute claims dismissed (2d Cir.), 284

– Cement plant sued for not warning of chromium emissions (Cal. Super. Ct.), 557
– Chemical plant contaminated nearby residents' property, maker moves to dismiss claims as time-barred (Ala. Cir. Ct.), 560
– Dow Chemical

– – Leak from manufacturing facility, suit removed to federal court (E.D. La.), 278
– – Water pollution tainted nearby property, class certified (Mich. Ct. App.), 95

– Hazardous waste from aluminum manufacturing plants

– – Tex. residents' suit (Tex. Ct. App.), In Brief, 426
– – Virgin Islands residents class seeking injunctive relief certified (D.V.I.), 503

– Hydrochloric acid release from chemical plant, nearby residents' suit dismissed (M.D. La.), 161
– Industrial waste sites, DuPont found negligent for creating (W. Va., rev sought), 541
– Landfills

– – Emotional distress, residents living above tainted site (La. Ct. App.), In Brief, 195
– – Hazardous waste disposal by firearms maker, property owners class certified (D. Conn.), 185

– Medical monitoring, vinyl chloride in wastewater from manufacturing plant, court approves settlement of residents' claims (E.D. Pa.), 199
– Product liability

– – Agent Orange

See Agent Orange herbicide, product liability claims, this heading

– – Food products

See FOOD

– – Grout sealer, maker of allegedly toxic ingredient denied summary judgment (N.D. Ga.), 557
– – Lead content in lipsticks

– – – Christian Dior customer suit to proceed (N.D. Ill.), 593
– – – L'Oreal customers sue (N.D. Ill.), 45

– – Lead paint, Thomas the Tank Engine toy maker settles consumer suit (Ill. Cir. Ct.), 108; insurer has duty to defend toy maker (N.D. Ill.), 589

– Radioactive emissions

See NUCLEAR ENERGY

– World Trade Center, post-Sept. 11 air quality, EPA administrator not individually liable for misleading statements (2d Cir.), 388
– Zinc smelter operator sued for injuring health and property of nearby residents (Okla. Dist. Ct.), 318

TRANSPORTATION

– Aircraft

See AIR TRANSPORTATION

– Motor carriers

See MOTOR CARRIERS

– Motor vehicles

See MOTOR VEHICLES

– Pollution, diesel exhaust injuries, Analysis and Perspective, 33
– Railroad freight fuel surcharges, co-lead counsel named for antitrust suit (D.D.C.), 246
– Segways barred from Disney World, mobility-impaired plaintiffs file ADA suit (M.D. Fla.), 178; motion to dismiss suit denied, 454
– Ships, Exxon Valdez oil spill, punitive damages award was excessive (U.S., vac), 512

TRUCKING INDUSTRY

See MOTOR CARRIERS