Class Action Litigation Report® Index-Summary

ACCOUNTANTS

– Aiding and abetting liability for securities fraud, private civil actions

See LEGISLATION, FEDERAL, S 1551

– Fund proceeds misrepresentation, claim against broker may proceed, claim against outside auditor dismissed (N.D. Cal.), 178
– HealthSouth fraud, Ernst & Young settlement approved (N.D. Ala.), 340
– Madoff fraud

– – Ancillary claims expected against big four auditing firms, panelists say, 38; claims may go on for years, attorneys say, 448
– – Fund of funds claim against auditors for reliance on false account statements (Conn. Super. Ct.), 106
– – Unions bring claims against fund manager and auditor (S.D.N.Y.), 369

ACCOUNTING

– Electronic payment solutions provider, shareholder claims re restatements dismissed (N.D. Cal.), 544
– Expense recognition, capitalizing software development costs to avoid recognition as expenses, investor claims dismissed for failure to plead scienter (9th Cir.), 70
– Navistar Intl. must face claims over alleged systemic accounting fraud, claims against Deloitte & Touche dismissed (N.D. Ill.), 730
– Oil and gas well operator sued for allegedly improper billing and fees, certification and settlement upheld (Okla.), 856
– PricewaterhouseCoopers' audits allegedly concealed Doral Financial's fraudulent mortgage transactions, investors' claims dismissed (2d Cir.), 832
– Securities fraud

– – Investor suit against Cadence Design Systems dismissed, scienter not adequately alleged (N.D. Cal.), 870
– – WellCare Health Plans allegedly involved in accounting scheme and regulatory compliance scheme, defendants' motion to dismiss denied (M.D. Fla.), 912

ACQUISITIONS

See MERGERS AND ACQUISITIONS

ADA

See AMERICANS WITH DISABILITIES ACT (ADA)

ADVERTISING

– Blockbuster's motion to compel arbitration denied, unilateral right to modify renders contract illusory (N.D. Tex.), 389
– Drugs

See PHARMACEUTICALS

– E-mail, claim asserts embedded ads violate ECPA (C.D. Cal.), 513
– False advertising

See FALSE ADVERTISING

– Internet keyword advertising

– – Deception claims consolidated, interim class counsel named (N.D. Cal.), 280
– – Intentional confusion alleged by trademark holders (E.D. Tex.), 463

– TCPA

See TELEPHONE CONSUMER PROTECTION ACT (TCPA)

– Travel insurance, marketing materials found not to contain false information (Cal. Super. Ct.), 390

AGE DISCRIMINATION

– Job bias

See EMPLOYMENT DISCRIMINATION

AGRICULTURE

– Dairy workers, jobs declared seasonal, wage and hour claims may proceed (E.D. Cal.), 229
– Pesticide exposure claims

– – Central American fruit workers may file separate suits to avoid removal under CAFA (C.D. Cal.), 271
– – Nicaraguan banana workers' suits dismissed for witness fraud (Cal. Super. Ct.), 441
– – West African fruit workers may maintain separate suits to avoid removal under CAFA (9th Cir.), 326; (U.S., rev den), 920

– Poultry waste disposal in river watershed, refusal to grant injunction upheld (10th Cir.), 501
– Thai workers sue farm labor contractor for allegedly failing to provide promised employment (Cal. Super. Ct.), 895

AIDING AND ABETTING

– Securities fraud

– – Attorneys, no private right of action against abettors of fraud (S.D.N.Y.), 337; SEC argues court misread elements of primary liability, amicus brief filed (2d Cir.), 779
– – InfoSpace shareholder may not seek disgorgement of AOL's alleged short swing profits from sale of stock (9th Cir.), 785
– – Private civil actions

See LEGISLATION, FEDERAL, S 1551

AIR TRANSPORTATION

– Airport security screeners' FLSA suit preempted by Aviation and Transportation Security Act, TSA's motion to dismiss granted (Fed. Cl.), 870
– Brazilian plane crash case dismissed based on forum non conveniens (S.D. Fla.), 877
– Cessna crashes

– – Airworthiness, MDL court lacks authority to decide issue (D. Kan.), 241
– – Italian runway crash, Fla. not convenient forum for foreign claimants (11th Cir.), 338

– Overtime, legislature may not retroactively deprive crew of earned pay (Alaska), 587
– Pensions

– – Air Line Pilots Assoc. did not breach duty of fair representation re allocation of benefits to furloughed pilots (N.D. Ill.), 872
– – Delta Air Lines sued over plan amendment that allegedly violates ERISA anti-cutback rule (N.D. Ga.), 617

– September 11, settlements reached in wrongful death and personal injury claims (S.D.N.Y.), 290
– Venezuelan plane crash, Montreal Convention does not preclude application of forum non conveniens, dismissal of plaintiffs' wrongful death suit affirmed (11th Cir.), 953

ALABAMA

– Chemicals emitted from paper manufacturing facility, plaintiffs' dismissed claims need more specificity (M.D. Ala.), 819
– Hospitals allegedly overcharged uninsured patients, certification denied (Ala.), 853
– Medicaid, mentally retarded patients may pursue claims re denial of services and delayed eligibility determinations (M.D. Ala.), 484

ALASKA

– Air carriers, legislature may not retroactively deprive crew of overtime pay (Alaska), 587
– Used car buyers lack standing to sue dealerships not involved in sales transactions (Alaska), 682

ALIEN TORT STATUTE (ATS)

– Child labor, class of rubber plantation workers denied certification under ATS (S.D. Ind.), 316
– Expansion of liability, Analysis & Perspective, 294
– Multinational mining firm, claim by Papua New Guinea residents, district court must determine whether local remedies must be exhausted (9th Cir.), 63
– Toxic waste, Brazilians file claims against chemical, pharmaceutical, and oil companies for dumping (S.D. Ind.), 419

ALIENS AND CITIZENSHIP

– Brazilian pipefitters allege exploitation of guestworkers and visa fraud (S.D. Miss.), 464
– Habeas corpus relief sought by alien detainees, class certified (9th Cir.), 771
– Papua New Guinea residents, claim against multinational mining firm, district court must determine whether local remedies must be exhausted (9th Cir.), 63
– RICO likely to be used to combat illegal hiring, 604
– Temporary Protected Status, foreign nationals class certified to seek injunctive relief from excessive registration fees (N.D. Cal.), 674
– Wal-Mart has no duty to monitor foreign goods suppliers' compliance with local laws (9th Cir.), 686

AMERICANS WITH DISABILITIES ACT (ADA)

See also DISABILITY DISCRIMINATION
– Attorneys, bar exam application containing mental health questions, ADA suit filed (S.D. Ind.), 668
– Burger King restaurants, wheelchair user has standing to assert ADA claims against unvisited locations (N.D. Cal.), 277
– UPS workers

– – Hard-of-hearing workers, claims settled (N.D. Cal.), 597
– – Individualized analysis required for ADA claims, class decertified (3d Cir.), 717

ANALYSIS & PERSPECTIVE

– Alien Tort Statute, expansion of liability, 294
– Antitrust

– – Certification, evidentiary burdens, 203
– – Consumer class actions, 144

– Arbitration

– – Advantages and disadvantages, 505
– – Enforceability of arbitration clauses, 91

– Bisphenol A product liability litigation, 353
– Certification

– – Ascertainability requirements, 607
– – ERISA breach of fiduciary duty actions for individual account plans perfectly suited to certification under Rule 23(b)(1), 837
– – Evidentiary standard, consequences of Dukes v. Wal-Mart Stores Inc., 749
– – Issue preclusion arguments against class certification, 658
– – Preemptive motions to deny certification effective in certain consumer fraud class actions, 796

– Class Action Fairness Act

– – Broader implications, 452
– – Jurisdiction, effects of denial of certification, 559

– Foreign citizen members in U.S. class actions, risk to defendants of redundant litigation, 885
– Loss causation may be resolved at certification stage of securities fraud litigation, 927
– Nanotechnology, torts arising from, 39; websites of interest, 48
– Notice to class members, impact of changing communications patterns, 702
– Securities fraud claims against banks, 249
– Toxic torts, changing theories of liability, 975
– Trends, first-quarter update, 399

ANIMALS

– Flea collars, NRDC files claims for lack of cancer warnings (Cal. Super. Ct.), 420
– Pet food, reliance on “Made in USA” label only one factor of many in consumer choice, class not certified (D. Nev.), 266

ANTITRUST

– Automaker conspiracy to prevent imports of lower-priced cars from Canada, indirect purchaser suit dismissed (D. Me.), 687
– Babies 'R' Us price restraint claims, consumer class certified (E.D. Pa.), 673
– Bar review courses, secret attorney incentive agreements are conflict of interest in antitrust settlement (9th Cir.), 433
– Catheters, hospitals' suit against manufacturer dismissed (E.D. Mo.), 916
– Cellular telephone system standards, end-customer injuries from patent license terms too remote to support standing (S.D. Cal.), 287
– Certification, eBay's request for evidentiary hearing denied, substantial discovery conducted (N.D. Cal.), 862
– Certification of class

– – Evidentiary burdens, Analysis & Perspective, 203
– – “Rigorous analysis” requirements toughened (3d Cir.), 9

– Computer memory, SRAM, definition of purchasers of custom memory accepted (N.D. Cal.), 65
– Consumer class actions, Analysis & Perspective, 144
– Credit bureaus sued re mortgage “trigger leads,” plaintiff's suit dismissed (2d Cir.), 971
– Credit card fees, merchants may pursue claims, arbitration accord revoked (2d Cir.), 122; (U.S., rev sought), 634
– Dismissal motions post-Twombly, panelists discuss changes, 554
– Disposable hypodermic products, proposed settlement reached (D.N.J.), 443; health care plaintiffs object to settlement, 484
– Drugs

See PHARMACEUTICALS

– eBay, forum selection clause in click-to-agree binding on users and user affiliates (E.D.N.Y.), 589
– European Comm'n to propose binding legislation for collective redress of damages, 349
– Fiberglass insulation, independent contractors may pursue horizontal conspiracy claims against other contractors and manufacturer (N.D. Ga.), 170
– Germany, cement, bundled cartel claims permissible, 487
– Homebuyers' suit against real estate brokers dismissed (9th Cir.), 736
– Insurance brokerage antitrust claims, class certified, settlement approved (D.N.J.), 217; settlement-only class, standard for certifying clarified (3d Cir.), 852
– iPhone aftermarket and warranty claims, motion to dismiss rejected (N.D. Cal.), 280
– Italy, ISP fined for limiting peer-to-peer file transfers without warning customers, 130
– Jurisdiction

– – Diamond merchant makes “sufficient start” in showing agency for limited discovery (S.D.N.Y.), 137
– – Foreign conduct not actionable under Sherman Act or CAFA (N.D. Ill.), 62

– Methyl methacrylate manufacturers sued for alleged Sherman Act violations, settlement approved (E.D. Pa.), 964
– Monopolies

See MONOPOLIZATION

– Nurses, wage suppression claims

– – Certification denied for plaintiffs' claims against hospitals (N.D. Ill.), 902
– – Preliminary settlement approval sought for nurses' claims (N.D.N.Y.), 239; second settlement approval request in series of claims (E.D. Mich.), 340

– Oil and gas

– – CARB gasoline, bilateral contracts taken in aggregate may be used to prove anticompetitive effect (9th Cir.), 384
– – Marine hose cartel, global settlement reached, 237

– Pineapple purchasers' suit against Del Monte dismissed, expert proof based on improper methodology (S.D.N.Y.), 964
– Price fixing

– – Chocolate, CAFA jurisdictional amount must be proven by preponderance of evidence (8th Cir.), 223
– – Chocolate, jurisdiction established over one Canadian company, 3 other Canadian companies dismissed (M.D. Pa.), 775
– – Computer memory, DRAM, conspiracy claims to support stock price may proceed (D. Idaho), 230
– – Concrete buyers file suit against sellers, class certified (S.D. Ind.), 861
– – Railroads sued for fixing rail freight prices, bifurcation of discovery into pre- and post-certification phases denied (D.D.C.), 675
– – Synthetic rubber, class certified (D. Conn.), 219
– – Title insurance claims inadequate, motion to dismiss granted (N.D. Cal.), 541
– – Tomato products, interim co-lead counsel appointed (E.D. Cal.), 333
– – Transportation price fixing, jurisdiction must be decided before dismissal for failure to state claim (Tenn. Ct. App.), 232
– – Vitamins, first class action against non-Latin American defendant filed in Panama where foreign purchasers allowed to join suit, 851

– Shipping contracts, stay for class arbitration denied (U.S.), 177; allowing class arbitration where agreement is silent (rev grant), 583; conferees preview Supreme Court action, 651
– Sports, product licensing

– – College athletes sue NCAA for profits from sale of products bearing their likenesses (N.D. Cal.), 667
– – NFL clothing, Sherman Act exemption for single source of economic power (U.S., rev grant), 648

– Tax software, antitrust claims against companies offering free filing for specific income levels dismissed (E.D. Pa.), 286
– Telephone Consumer Protection Act, certification denied for suit against Afgo Mechanical Services (D.N.J.), 810

APPEALS

– Class certification

– – Anti-psychotic drug, certification review in RICO claim (2d Cir.), 109
– – Consumer credit, lead plaintiff may not appeal denial of certification after voluntarily settling claim (7th Cir.), 811
– – Interlocutory review, rigorous analysis may involve consideration of merits (10th Cir.), 375
– – Wal-Mart, review of certification for sex discrimination claims granted (9th Cir.), 163; arguments heard, 263; EEOC urges award of class-wide punitive damages, 264; Supreme Court review likely, speakers tell conferees, 351; evidentiary standard, certification consequences examined, Analysis & Perspective, 749

– Jurisdiction, remand of removed case reviewable if district court declines supplemental jurisdiction (5th Cir.), 141
– Restaurant franchisee suit over tainted produce dismissed, immediate appeal improperly certified (8th Cir.), 636
– Supreme Court

See SUPREME COURT, U.S.

ARBITRATION

– Accounting firms, non-signatories to agreement may not stay litigation pending arbitration (U.S., oral arg), 227
– Advantages and disadvantages, Analysis & Perspective, 505
– Computers

See COMPUTERS

– Conferences, ABA's National Institute on Class Actions, 790
– Consumer credit

– – Bank of America drops mandatory arbitration requirements, 783
– – Chevy Chase Bank's motion to compel arbitration granted, class action waiver clause deemed enforceable in consumer suit (8th Cir.), 956
– – Mandatory arbitration experiencing setbacks at state and federal levels, 746
– – Merchants may pursue antitrust claim challenging fees, arbitration accord revoked (2d Cir.), 122; (U.S., rev sought), 634
– – National Arbitration Forum sued, consumers allegedly misled about relationship with debt collection agency (C.D. Cal.), 850

– Employment discrimination

– – EEOC proceedings, employer did not waive right by not seeking arbitration during pendency of (8th Cir.), 635
– – Jewelry store employees, arbitration agreement does not bar Equal Pay Act class action, arbitrator rules, 532
– – Night watchmen, unionized employees must arbitrate age bias claims (U.S., rvs and rem), 347
– – Non-intervening employees in EEOC claim may not be compelled to arbitrate (D. Ariz.), 479

– Enforceability of arbitration clauses

– – Analysis & Perspective, 91
– – Cell phones, actual injury must be shown under Cal. Legal Remedies Act, service agreement claim may proceed (Cal.), 127; rehearing denied, 328
– – Cell phones, class arbitration waiver found unenforceable despite pro-consumer provisions (W.D. Wash.), 536
– – Cell phones, small claims court option renders AT&T agreement conscionable (S.D.W. Va.), 130
– – E*Trade clickwrap agreement, class action waiver enforceable in Va. (C.D. Cal.), 125
– – Garbage truck driver overtime, arbitration agreement waiving class arbitration and barring civil penalties on behalf of others found unconscionable (Cal. Ct. App.), 275
– – Indian national working in U.S. not required to arbitrate claims in India (9th Cir.), 731
– – Mortgage account executives entitled to jury trial, not required to arbitrate overtime claims (E.D. Pa.), 777
– – Movie rental, arbitration clause is unenforceable due to small damages (9th Cir.), 387
– – Outlook 2009, 82
– – Pizza delivery drivers' minimum wage claims, class arbitration waiver unenforceable (Cal. Ct. App.), 278
– – Preemption, class waiver, Federal Arbitration Act does not bar state law contract defenses such as unconscionability (3d Cir.), 184
– – Trends, Analysis & Perspective, 399
– – Unconscionability, arbitrator may not decide (1st Cir.), 175
– – Unilateral right to modify renders contract illusory, Blockbuster's motion to compel arbitration denied (N.D. Tex.), 389

– Securities, arbitration required for investor class claims against Ameriprise despite FINRA prohibition (D. Minn.), 865
– Shipping contracts, stay for class arbitration denied (U.S.), 177; allowing class arbitration where agreement is silent (rev grant), 583; conferees preview Supreme Court action, 651
– Toxic waste water, Chevron brings international arbitration claim against Ecuador re class action, 909
– Wages, cruise line worker cannot pursue class arbitration for back pay, arbitrator holds, 632
– Warrant investors, stay pending arbitration, denial may be appealed, nonparties to agreement may enforce under contract rules (U.S.), 444

ARGENTINA

– Bond defaults, 2 investor classes certified (S.D.N.Y.), 315; Argentina held in civil contempt for failure to comply with discovery orders, 533
– Forum non conveniens, 2 products liability cases sent to Argentina (7th Cir.), 480

ARIZONA

– Certification denials, interlocutory review no longer allowed in cases involving small amounts for class members (Ariz.), 815
– Settlements, amount for which claim against public entity can be settled is impossible to state (Ariz.), 173
– Syntax-Brillian investor class limited, lead plaintiff deemed adequate representative and certification granted (D. Ariz.), 728

ARKANSAS

– Home loan document preparer sued by residents, unjust enrichment claim properly certified (Ark.), 901
– Parking brake defects, GM vehicle owners class certified (U.S., rev den), 61
– Usury, mental illness no bar to service as class representative (Ark.), 319
– Weight-loss vitamins, national class certification denied but state-only class possible (E.D. Ark.), 218; plaintiffs' false marketing claims lack cohesiveness, certification denied again, 768

ARMED SERVICES

– Agent Orange, injury claims dismissed (U.S., rev den), 235
– Human experimentation by CIA, veterans bring compensation claims against government (N.D. Cal.), 55
– Personal data lost by VA medical center, Privacy Act damages claim dismissed, Admin. Procedures Act claims may proceed (11th Cir.), 586
– Sex discrimination

– – Navy employees not entitled to interest on back pay or attorneys' fees (U.S., rev den), 595
– – Nurse practitioners employed by Veteran Affairs Dep't lack Equal Pay Act claim (Fed. Cl.), 127

– Tax refunds illegally withheld to satisfy Army and Air Force Exchange Service credit card debt, class certified (N.D. Cal.), 269
– Toxic waste improperly burned by government contractors in Iraq and Afghanistan, veterans allege (N.D. Okla.), 713

ASBESTOS

– Homeowners' claims against W.R. Grace & Co., settlement class certified (Bankr. D. Del.), 112
– Liability, changing theories, Analysis & Perspective, 975
– Okla. governor signs tort reform law, preserves claims and sets medical evidence requirements, 551
– Owens Corning stock as retirement plan option in period before bankruptcy due to asbestos liability, ERISA statute of limitations bars claims (N.D. Ohio), 29
– Property owners class certification vacated, conflicting expert testimony must be resolved (Colo. Ct. App.), 725
– Toy fingerprint kits, licensor and retailers settle consumer suit (Cal. Super. Ct., S.D.N.Y.), 646

ATHLETICS

See SPORTS AND RECREATION

ATS

See ALIEN TORT STATUTE (ATS)

ATTORNEYS

– Admission to practice

– – Diploma privilege allowing graduates of state law schools to practice without taking bar exam, challenge suit by out-of-state graduates reinstated (7th Cir.), 678
– – Mental health questions contained in bar exam application, ADA suit filed (S.D. Ind.), 668

– Aiders and abettors to securities fraud

– – Private civil actions

See LEGISLATION, FEDERAL, S 1551

– – Securities fraud, no private right of action against abettors (S.D.N.Y.), 337; SEC argues court misread elements of primary liability, amicus brief filed (2d Cir.), 779

– Estate plan marketer ordered to cease legal advice without attorney present (W.D. Ark.), 344
– Fees

See ATTORNEYS' FEES

– Felony charges, attorney pleads guilty after losing clients' settlement money by day trading in stock market (C.D. Cal.), 911
– Fen-phen claims, attorneys found guilty of defrauding clients (E.D. Ky.), 343; jury award affirmed, 594; attorneys sentenced to prison, ordered to pay restitution, 787
– Forum selection clause in settlement not binding on counsel making self-serving changes (4th Cir.), 585
– Judge-shopping, sanctions imposed on attorney who filed 2 nearly identical class actions in same court (N.D. Cal.), 25
– LexisNexis sued for overcharging flat-rate subscribers, attorney asserts breach of contract and fraud claims (N.D. Cal.), 711
– Malpractice, lead counsel lacks duty to ensure that all class members reply to settlement notice (Cal. Ct. App.), 680
– Misconduct by class counsel during settlement, corrective orders valid even though judge disqualified for probable bias (Cal. Ct. App.), 633
– Privilege

– – Absent class member does not have presumptive right of access, may not view law firm files (N.Y.), 476
– – Human tissue and body parts, counsel documents not created in anticipation of litigation, production compelled (D.N.J.), 486

– Sanctions may not be imposed on attorneys under Rule 37(c)(1) for discovery misconduct (3d Cir.), 864
– Solicitation of clients via telephone, sanctions against law firm affirmed (11th Cir.), 825
– Tomato products, interim co-lead counsel appointed in price-fixing claims (E.D. Cal.), 333
– Wage and hour cases, employers may settle directly with plaintiffs and bypass counsel (Cal.), 586
– Wages owed to law firm employees, former partners sued (N.D. Cal.), 621
– Witness fraud, attorneys falsified evidence in Nicaraguan banana worker claims, cases dismissed (Cal. Super. Ct.), 441

ATTORNEYS' FEES

– Bar review courses, secret incentive agreements are conflict of interest in antitrust settlement (9th Cir.), 433
– Cable company's exchange of tracking stock, attorneys' fees split between N.Y. and Del. counsel in suit challenging (Del. Ch.), 598
– CAFA amount in controversy, non-statutory fees may not be part of calculation (8th Cir.), 271
– Deadline for objections 2 weeks before final fee request due draws objections (N.D. Cal.), 436
– Exxon Valdez oil spill, punitive damages payments begin, plaintiffs still dispute interest, fees, 33
– Failure to prosecute dismissal rejected, but costs must be paid for dilatory conduct (Del. Ch.), 486
– Fen-phen litigation, $567M award affirmed (3d Cir.), 957
– Foster children, attorneys in civil rights case may receive enhancement for superior representation (U.S., rev grant), 327; (oral arg), 951
– Health insurance, settlement remanded for further review of attorneys' fees and cross-examination of expert (N.J. Super. Ct.), 333
– Implantable defibrillator litigation, common benefit doctrine allocations made by court (D. Minn.), 32
– Mortgages, lender may demand borrower pay legal fees to stop pending foreclosure (Ohio), 184
– Securities, attorneys for objectors to settlement denied fees (D. Minn.), 913
– Sex discrimination, Navy employees not entitled to interest on back pay or attorneys' fees (U.S., rev den), 595

AUSTRALIA

– Foreign-cubed action, Supreme Court solicits brief from Solicitor General (U.S.), 527

AUTOMOBILES

See MOTOR VEHICLES

AVIATION

See AIR TRANSPORTATION