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CAFA

See CLASS ACTION FAIRNESS ACT (CAFA)

CALIFORNIA

– Antitrust

– – Cellular telephone system standards, end-customer injuries from patent license terms too remote to support standing (S.D. Cal.), 287
– – Title insurance price fixing claims inadequate, motion to dismiss granted (N.D. Cal.), 541

– Arbitration, class action waiver in E*Trade clickwrap agreement enforceable in Va. (C.D. Cal.), 125
– Attorneys

– – Bar review courses, secret attorney incentive agreements are conflict of interest in antitrust settlement (9th Cir.), 433
– – Malpractice, lead counsel lacks duty to ensure that all class members reply to settlement notice (Cal. Ct. App.), 680
– – Misconduct, corrective orders valid even though judge disqualified for probable bias (Cal. Ct. App.), 633

– CAFA, state claims decreased after passage of, study finds, 396
– Cell phones

– – Actual injury must be shown under Cal. Legal Remedies Act, service agreement claim may proceed (Cal.), 127; rehearing denied, 328
– – Unfair competition claim sufficiently alleged against AT&T, dismissal of legal remedies claim reversed, false advertising claim properly dismissed (Cal. Ct. App.), 906

– Cemetery owners sued for negligence, groundskeepers allegedly broke interment vaults and dumped human remains (Cal. Super. Ct.), 849
– Consumer credit

– – Class action waiver unenforceable despite opt-out clause in contract (Cal. Ct. App.), 634
– – Credit cards, retailer collection of consumer ZIP codes does not violate state law (Cal. Ct. App.), 30
– – Debt collectors barred from seeking prejudgment interest when recovering service charges for bad checks (Cal.), 733

– Consumer protection law not applicable to business purchases (N.D. Cal.), 490
– Disability discrimination

– – Burger King restaurants, wheelchair user has standing to assert access claims against unvisited locations (N.D. Cal.), 277
– – Online travel sites agree to settle claims they failed to provide accessible hotel rooms (Cal. Super. Ct.), 138

– False advertising

– – Cigarettes, standing and reliance requirements apply only to class representatives (Cal.), 469
– – 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

– HDTV subscribers sue DIRECTV for allegedly false advertising, denial of certification affirmed (Cal. Ct. App.), 899
– Health care

– – Blood factor concentrates, Taiwanese contamination claims may proceed in Cal. (N.D. Ill.), 68; claims time-barred in both Taiwan and Cal., 377; contract claim dismissed (N.D. Ill.), 739
– – Emergency room physicians, claims for state reimbursement program (Cal. Super. Ct.), 106
– – Eye surgery laser, defendants' motion to dismiss granted, plaintiffs may not privately enforce Food, Drug, and Cosmetic Act via state claims (S.D. Cal.), 871
– – Eye surgery laser, patients properly denied class certification (Cal. Ct. App.), 115
– – Generic antidepressants are inferior and dangerous, patient claims allege (Cal. Super. Ct.), 571
– – Insurance, company claims over retroactive cancellation settled (Cal. Super. Ct.), 194; settlement approved, 546
– – Ovarian cancer treatment, reversal of reimbursement decision leaves emotional distress claims (Cal. Super. Ct.), 213
– – Ulcer drug recall, no civil remedy without side effects or failure of efficacy (N.D. Cal.), 494

– Jurisdiction

– – AOL forum selection clause designating Va. as forum for disputes violates Cal. public policy (9th Cir.), 120
– – Corporate citizenship, “place of operations” test to determine (U.S., rev grant), 527
– – Electronics, citizenship of national retailer determined by substantial predominance of operations for CAFA jurisdiction (9th Cir.), 223
– – Removal jurisdiction, investment bank charged with misleading investors over sale of closely held corporation, claims remanded to state court under SLUSA “Delaware carve-out” (9th Cir.), 179

– Life insurance, sales pitches and expectations too variable to certify class of insured alleging breach and misrepresentation (Cal. Super. Ct.), 374
– Mortgages, payment-option adjustable-rate, plaintiff alleging deception not suitable representative, class certification denied (N.D. Cal.), 114
– Privacy

– – Bank of America sued for providing customer data to marketers, challenge to proposed settlement rejected (Cal. Ct. App.), 641
– – E-mail, claim asserts embedded ads are breach (C.D. Cal.), 513
– – Facebook sued for violating users' privacy, engaging in illegal advertising, and misappropriating names and likenesses (Cal. Super. Ct.), 763

– Product liability

– – Drugs

See Health care, this heading

– – Flea collars, NRDC files claims for lack of cancer warnings (Cal. Super. Ct.), 420
– – HDTV owners consolidate and file amended complaint claiming Sony concealed display defects (S.D. Cal.), 762
– – Laptop memory, consumers claim machines cannot run Vista (N.D. Cal.), 311
– – Laptop screens, customers fail to state claim due to lack of affirmative misrepresentation or special relationship (9th Cir.), 237
– – Laptops, arbitration clause with class action waiver in sales contract unenforceable (9th Cir.), 387
– – Seat belts, manufacturer's testing for compliance with federal standard not needed (Cal. Super. Ct.), 137
– – Toy fingerprint kits tainted by asbestos, licensor and retailers settle consumer suit (Cal. Super. Ct., S.D.N.Y.), 646

– Shower pan manufacturer sued re alleged design defects, plaintiffs' denial of certification upheld (Cal. Ct. App.), 946
– SLUSA preempts trust beneficiaries' class action against trust administrators, complaint dismissed (N.D. Cal.), 868
– Tax

– – Telephone tax, challenger may not make class claim (Cal. Ct. App.), 533; lower court's ruling to be reviewed (Cal.), 866
– – Utility user tax, LA County residents file suit alleging constitutional and election law violations (Cal. Super. Ct.), 763

– Thai workers sue farm labor contractor for allegedly failing to provide promised employment (Cal. Super. Ct.), 895
– Travel insurance, marketing materials found not to contain false information (Cal. Super. Ct.), 390
– Wage and hour claims

– – Call center employees, FLSA and state wage and hour claims settled (D. Kan.), 132
– – Car wash owners, state claims for alleged wage and hour violations (Cal. Super. Ct.), 197
– – Casino policy requiring contribution to tip pool does not violate state law (Cal. Ct. App.), 133
– – Construction workers, wage and hour claims settled (C.D. Cal.), 240
– – Dairy workers, jobs declared seasonal, wage and hour claims may proceed (E.D. Cal.), 229
– – Garbage truck driver overtime, arbitration agreement waiving class arbitration and barring civil penalties on behalf of others found unconscionable (Cal. Ct. App.), 275
– – Greeting cards, preliminary approval granted for Hallmark settlement with employees (C.D. Cal.), 542
– – Living wage law, rule restricting application to employees of private firms based on hours worked on city contracts invalid (Cal. App. Ct.), 174
– – Nonresidents, applicability of state overtime law, certification of question requested (9th Cir.), 172
– – Pizza delivery drivers' minimum wage claims, class arbitration waiver unenforceable (Cal. Ct. App.), 278
– – Private Attorneys General Act suit by employees does not need to comply with class action requirements (Cal.), 629
– – Reality show employees file overtime claims against production companies (Cal. Super. Ct.), 310
– – Settlements, employers may settle directly with plaintiffs and bypass counsel (Cal.), 586
– – Tip box, limited supervisory duties do not bar sharing in tips (Cal. Ct. App.), 545; no review of lower court's ruling (Cal.), 866
– – Union lacks standing to sue for missed meal and rest breaks (Cal.), 630
– – UPS account managers file suit re overtime violations (S.D. Cal.), 761

CANADA

– Antitrust

– – Automaker conspiracy to prevent exports of lower-priced cars to U.S., indirect purchaser suit dismissed (D. Me.), 687
– – Chocolate price-fixing, jurisdiction established over one Canadian company, 3 other Canadian companies dismissed (M.D. Pa.), 775

– Groundwater, settlement reached in contamination claims, 601
– Product safety and liability

– – Antidepressant drug Paxil, certification of class action denied for Canadians (Quebec Super. Ct.), 772
– – Dell Canada Inc., allegedly defective notebook computers, conditional certification granted (Ont. Super. Ct. Just.), 116

– Rebates, GM allegedly discriminated against consumers financing purchases, certification denied (Quebec C.A.), 855
– Securities

– – Foreign-cubed action, district court has subject matter jurisdiction over claims by foreign investors in Canadian company with substantial business presence in U.S. (11th Cir.), 779
– – Securities class actions on increase, report says, 105

CERTIFICATION

– Aliens

– – Habeas corpus relief sought by detainees, class certified (9th Cir.), 771
– – Temporary Protected Status, class certified to seek injunctive relief from excessive registration fees (N.D. Cal.), 674

– Antitrust

– – Concrete buyers file suit against sellers, class certified (S.D. Ind.), 861
– – eBay's request for evidentiary hearing denied, substantial discovery conducted (N.D. Cal.), 862
– – Hydrogen peroxide, “rigorous analysis” requirements toughened (3d Cir.), 9; Analysis & Perspective, 203
– – Pro se prisoner has standing to appeal certification and settlement, but appeal lacks merit (3d Cir.), 224
– – Synthetic rubber, class certified in price-fixing claim (D. Conn.), 219

– Ascertainability requirements, Analysis & Perspective, 607
– Building and construction

See BUILDING AND CONSTRUCTION

– Canada

– – Antidepressant drug Paxil, certification of class action denied for Canadians (Quebec Super. Ct.), 772
– – Notebook computers, conditional certification granted (Ont. Super. Ct. Just.), 116

– Children

See CHILDREN

– Civil rights

– – Detainees allegedly unconstitutionally held after posting bond, certification reversed (7th Cir.), 855
– – Interlocutory review, rigorous analysis may involve consideration of merits (10th Cir.), 375

– Conferences

– – ABA's National Institute on Class Actions, 790
– – American Law Inst. approves final draft of aggregate litigation principles document, concerns re certification accommodated, 555
– – Merits consideration by court during certification stage, conferees discuss, 651

– Consumer

– – Anticybersquatting Consumer Protection Act, fact-specific inquiries make class certification unreasonable (N.D. Ill.), 12
– – Banking, overdraft penalties, fluid recovery method for assessing damages rejected, one class decertified (N.D. Cal.), 524
– – Basketball season ticket holders, class certified for breach claims in team move (W.D. Wash.), 221
– – Certification denial overruled in suit against insurance company, standard of review for legal issues clarified (9th Cir.), 816
– – Electrical supply charges, consumers challenge unilateral adjustment of fixed price, denial of class certification reversed (N.Y. Sup. Ct. App. Div.), 628
– – HDTV subscribers sue DIRECTV for allegedly false advertising, denial of certification affirmed (Cal. Ct. App.), 899
– – Home loan document preparer sued by residents, unjust enrichment claim properly certified (Ark.), 901
– – Mortgages, payment-option adjustable-rate, plaintiff alleging deception not suitable representative, certification denied (N.D. Cal.), 114
– – Pet food, consumer choice factors too multifarious, class not certified (D. Nev.), 266
– – Potato products, class certification denied for misrepresenting absence of allergens (N.D. Ill.), 468
– – Tanning services, customers allege consumer fraud, certification vacated (3d Cir.), 721
– – Veggie burger mislabeling, Dr. Praeger's Sensible Foods denied leave to file decertification and summary judgment motions (D.N.J.), 811
– – Weight-loss vitamins, state unjust enrichment laws too variable, national class certification denied (E.D. Ark.), 218; plaintiffs' false marketing claims lack cohesiveness, certification denied again, 768
– – Window manufacturer sued for alleged leaking, certification granted (E.D. Cal.), 859

– Consumer credit

– – Appeal of certification denial not allowed after lead plaintiff voluntarily settled credit card claim (7th Cir.), 811
– – Debtors' suit against Med-1 Solutions decertified, class notice postponed until after defendant's summary judgment motion granted (S.D. Ind.), 943
– – Equifax sued for allegedly falsely representing direct contact with original source of public records re disputes, certification of consumer suit granted (D.N.J.), 943
– – Preliminary certification motion by plaintiffs denied in suit against Bank of America re security deeds (M.D. Ga.), 945

– Consumer fraud

– – Contact lens solution recall, plaintiffs' certification motion denied (D.S.C.), 904
– – Preemptive motions to deny certification effective in certain class actions, Analysis & Perspective, 796

– Dioxin contamination, certification of property owners remanded, trial judge failed to make adequate factual determination (Mich.), 726
– Employee benefits, ERISA class actions growing in size and complexity, attorneys discuss certification issues, 883
– Evidentiary standard, certification consequences of Dukes v. Wal-Mart Stores Inc., 749
– 401(k) plans

– – ERISA cases consolidated, court to determine whether LaRue decision has effect on certification (7th Cir.), 765
– – Foamex employees allege fiduciaries breached their duties by liquidating company stock fund, suit certified (E.D. Pa.), 900
– – Frozen assets, individual showings required to prove harm, class not certified (M.D. La.), 580
– – Stock drop claims, BankAtlantic Bancorp's employee not adequate representative, class certification of ERISA suit denied (S.D. Fla.), 727
– – Stock drop claims, certification recommended for Nortel employees' suit against company (M.D. Tenn.), 808
– – Stock drop claims, class seeking money damages cannot be certified (C.D. Cal.), 581

– Health care

– – Autism, insurance coverage denied for therapy deemed experimental, certification denied (E.D. Mich.), 316
– – Diagnostic testing firm, improper billing, class of patients certified (D.N.J.), 165
– – Drugs

See PHARMACEUTICALS

– – Hospitals

See HOSPITALS

– – Medical devices

See MEDICAL DEVICES

– – Ovarian cancer treatment, reversal of reimbursement decision leaves emotional distress claims, certification sought (Cal. Super. Ct.), 213
– – Reimbursement, physician group denied class certification in claim against insurers and PPO (C.D. Ill.), 111

– Ill., restrictive certification standard adopted in Avery, Attorney Insight, 654
– Insurance

– – Brokerage antitrust claims, class certified, settlement approved (D.N.J.), 217; settlement-only class, standard for certifying clarified (3d Cir.), 852
– – Disability benefits, plaintiffs claim company unreasonably delayed payment of, certification denied (2d Cir.), 769
– – Fraud on the market theory cannot be used to prove class reliance without active market, class decertified (Colo.), 427
– – Life insurance beneficiaries' bid for certification denied, ERISA claims seek primarily monetary relief (D. Mass.), 767
– – Sales pitches and expectations vary too much to certify class of insured alleging breach and misrepresentation (Cal. Super. Ct.), 374

– International trade, retaliatory tariffs imposed by U.S. Trade Representative, denial of certification for plaintiff upheld (Ct. Int'l Trade), 905
– Issue preclusion arguments against certification, Analysis and Perspective, 658
– Labor

– – Assistant store managers' suit against Home Depot denied certification, individual issues predominate (D.N.J.), 857
– – Benefits, uniform scheme alone did not make case suitable for collective action (6th Cir.), 59
– – Certification denials, interlocutory review no longer allowed in cases involving small amounts for class members (Ariz.), 815
– – Defined benefit pension plan, claims re amendment settled, class certified (N.D. Iowa), 215
– – Fair Labor Standards Act (FLSA)

See FAIR LABOR STANDARDS ACT (FLSA)

– – FedEx delivery drivers, 5 subclasses certified in wage and hour claims (N.D. Cal.), 425
– – FedEx delivery drivers granted class status in 8 states, denied in 4 states (N.D. Ind.), 719
– – FedEx hourly workers' breach of contract claims, denial of certification upheld (11th Cir.), 719
– – FLSA collective action challenged by Family Dollar Stores, $36M in overtime pay awarded to store managers (U.S., rev den), 923
– – Food processing plant workers, claims of wage depression by hiring illegal workers, class certified (E.D. Cal.), 518
– – Health club, bankruptcy affects decision to certify, employee claims too unique for certification (S.D.N.Y.), 372
– – Home loan consultants, employer may move to deny certification before plaintiffs file motion to certify (9th Cir.), 672
– – Human trafficking, immigration status irrelevant for wage claims (E.D. La.), 380
– – Illegal workers, failure to rigorously analyze suitability for certification leads to remand (11th Cir.), 517
– – Job bias

See generally EMPLOYMENT DISCRIMINATION

– – Pet food maker employees granted certification on state law overtime claims, complaint also alleges FLSA violations (N.D. Ill.), 814
– – Retirement benefits

See Retirement benefits, this heading

– – Telecommunications account executives, class alleging under-calculation of commissions certified (D. Kan.), 14
– – Wage and hour suit filed against in-home care provider, plaintiffs not entitled to dismiss claims without notice to lawyer (Wash. Ct. App.), 958
– – Wells Fargo mortgage consultants' wage and hour claims, class decertified (9th Cir.), 671

– Motor vehicles

See MOTOR VEHICLES

– Oil and gas

– – Fuel pumps, consumers allegedly shortchanged, bid for certification granted (S.D. Ga.), 770
– – Oil spill related personal injuries, denial of certification does not strip court of CAFA jurisdiction (W.D. La.), 128
– – Poisonous gas from oil wells, class of property owners certified (S.D. Ill.), 216
– – Royalty interests in natural gas wells, class of owners certified (W.D. Okla.), 318
– – Well operator sued for allegedly improper billing and fees, certification and settlement upheld (Okla.), 856

– Partial certification, Outlook 2009, 82
– Privacy, consumer class certified in suit against restaurant for printing full credit card numbers on receipts (N.D. Ill.), 863
– Product liability

– – Asbestos contamination, property owners class certification vacated, conflicting expert testimony must be resolved (Colo. Ct. App.), 725
– – Shower pan manufacturer sued re alleged design defects, plaintiffs' denial of certification upheld (Cal. Ct. App.), 946
– – Smokers' individual medical monitoring claims deemed viable, no ruling on certification (Mass. Sup. Jud. Ct.), 951

– Property owners sue power company, certification reversed (Mont.), 854
– Property tax refunds, plaintiff alleges defendant improperly calculated interest rate, grant of certification affirmed (Ill. App. Ct.), 962
– Racial discrimination, black males allegedly targeted for DNA testing during rape investigation, certification denied (4th Cir.), 813
– Retirement benefits

– – Cash balance plans, failure to use “whipsaw” calculation in determining lump-sum distributions

– – – Alliant Energy retiree class certified (W.D. Wash.), 169
– – – Avnet plan participant classes partially certified (D. Ariz.), 523
– – – Duke Energy retiree class certified (D.S.C.), 860

– – ERISA breach of fiduciary duty actions for individual account plans perfectly suited to certification under Rule 23(b)(1), Analysis & Perspective, 837
– – Lifetime benefits, class certified (E.D. Mich.), 110
– – Manufacturing, claims re altering benefits, retiree class certified (E.D. Wis.), 520
– – Medical and death benefits, class of retirees challenging reduction certified (D. Neb.), 13
– – Merck Corp., offering artificially inflated stock as investment option, employee class claim may proceed (D.N.J.), 167; motion for judgment on the pleadings denied, 329
– – Mutual funds offered under pension plan, offsets received by employers breached fiduciary duty, employee class certified (C.D. Cal.), 625
– – Vested benefits, retiree class claiming violations based on unilateral changes certified (N.D. Ohio), 317
– – Vested benefits, retirees file claim against BorgWarner over reduction in benefits (E.D. Mich.), 261; certification granted, 814
– – Whirlpool Corp. retirees alleging benefits were improperly cut, class certified (W.D. Mich.), 115

– Retirement plan fees

– – Ease of certification is major development, speaker tells conferees, 293
– – Lockheed Martin, employee class certified (S.D. Ill.), 320

– Securities

– – Abercrombie & Fitch shareholder class certified, securities fraud claims (S.D. Ohio), 521
– – Argentinean bond defaults, 2 classes certified (S.D.N.Y.), 315; Argentina held in civil contempt for failure to comply with discovery orders, 533
– – Flowserve, claims remanded for reconsideration of loss causation and certification (5th Cir.), 576
– – Holland & Knight, investors seek certification of negligent preparation claims (M.D. Fla.), 729
– – Integrity of the market presumption created individual reliance issues, certification inappropriate (9th Cir.), 718
– – Mall developer, loss causation need not be shown at certification (E.D. Va.), 428
– – Media company investors' bid for certification denied, expert's report failed to show loss causation (5th Cir.), 766
– – New York Stock Exchange specialist firms sued for trading violations, investor class certified (S.D.N.Y.), 623
– – RSL investors granted certification, defendants failed to rebut fraud on the market presumption (S.D.N.Y.), 767
– – Single class can be certified despite plaintiffs alleging violations of 1933 and 1934 Securities Acts (2d Cir.), 722
– – Solar energy firm alleged to have inflated value of inventory, class certified (N.D. Cal.), 109
– – Syntax-Brillian investor class limited, lead plaintiff deemed adequate representative and certification granted (D. Ariz.), 728
– – Treasury notes, PIMCO sued for cornering market for futures contracts, purchaser class certified (7th Cir.), 623

– Taxation

See TAXATION

– Telecommunications

– – Account executives, class alleging under-calculation of commissions certified (D. Kan.), 14
– – Cell phones, class certification denied for overcharged customers (N.Y. Sup. Ct.), 217
– – Commission charge-backs, class decertified on appeal for multiple failures of analysis (11th Cir.), 314
– – Telephone Consumer Protection Act, certification denied for suit against Afgo Mechanical Services (D.N.J.), 810
– – Telephone Consumer Protection Act, large number of unsolicited faxes sent warrants certification of recipient company as class (N.D. Ill.), 167
– – Telephone Consumer Protection Act, plaintiff sued company re unsolicited faxes, certification reversed due to improperly defined class (La. Ct. App.), 858

– Trends, Analysis & Perspective, 399
– Trusts, class certified for successor trustee claims (E.D. Tex.), 373
– Water contamination

– – Ground water allegedly contaminated by Raytheon, property owners' suit certified (M.D. Fla.), 903
– – Teflon-related chemical, certification denied for medical monitoring claims (D.N.J.), 15
– – Teflon-related chemical, residents' nuisance claims against Du Pont plant certified (D.N.J.), 945
– – Vinyl chloride contamination, certification of class survives challenge by competing class (La. Ct. App.), 470

CFAA

See COMPUTER FRAUD AND ABUSE ACT (CFAA)

CHEMICALS

– Beryllium exposure, Boeing employees denied certification of suit against Brush Wellman (Cal. Ct. App.), 808
– Bisphenol A, inconclusive studies may lead to legislation, Analysis & Perspective, 353
– Dioxin contamination, certification of property owners remanded, trial judge failed to make adequate factual determination (Mich.), 726
– Du Pont facility chemical release, failure to show medical causation, defense verdict affirmed (La. Ct. App.), 131
– Exxon chemical plant fire, consolidated actions removed to federal court (5th Cir.), 193
– Ground water contamination alleged against Raytheon, property owners' suit certified (M.D. Fla.), 903
– Hydrogen peroxide, “rigorous analysis” requirements toughened (3d Cir.), 9; Analysis & Perspective, 203
– Paper manufacturing facility's chemical emission, plaintiffs' dismissed claims need more specificity (M.D. Ala.), 819
– Propoxur, NRDC files claims for lack of cancer warnings on flea collars (Cal. Super. Ct.), 420
– Toxic waste, Brazilians file claims against chemical, pharmaceutical, and oil companies for dumping (S.D. Ind.), 419

CHILDREN

– Antitrust

– – Babies 'R' Us price restraint claims, consumer class certified (E.D. Pa.), 673
– – Neonatal drugs, hospital files monopoly claims (D. Minn.), 572

– Attorneys' fees, representatives of foster children in civil rights case may receive enhancement for superior representation (U.S., rev grant), 327; (oral arg), 951
– Bathing products, claim alleges unlabeled carcinogens (D.N.J.), 513
– Class certification

– – Autism, insurance coverage denied for therapy deemed experimental, certification denied (E.D. Mich.), 316
– – Baby strollers, purchasers ask for reconsideration of certification denial (E.D. Cal.), 578
– – Foster care, class of children certified (N.D. Okla.), 428
– – Rubber plantation, child laborer class denied certification under Alien Tort Statute (S.D. Ind.), 316

– Fruit Juice Snacks, alleged misrepresentation re nutritional value (D. Mass.), 101
– Product liability

– – Baby care products, actions not consolidated, 973
– – Baby cribs, latent defect not enough to state contract claim, dismissal of plaintiffs' suit upheld (8th Cir.), 736
– – China's toxic milk scandal, parents bring claim against dairies (Supreme People's Court), 57; dairies offer settlement, 77
– – Medicine tainted by glycerin, Dutch chemical firm lacks sufficient contacts with forum for personal jurisdiction (Fla. Dist. Ct. App.), 689
– – Toy fingerprint kits tainted by asbestos, licensor and retailers settle consumer suit (Cal. Super. Ct., S.D.N.Y.), 646

– Toxic torts

– – Air pollution, parents file claims (Ind. Cir. Ct.), 310
– – Drinking water, parent brings claims for “cover-up” of lead amounts (D.C. Super. Ct.), 160

CHINA

– Drywall manufactured in China with sulfur, claims by homeowners (M.D. Fla.) and builders (Fla. Cir. Ct.), 108; claims consolidated in multidistrict action (J.P.M.L.), 592
– Toxic milk scandal, parents bring claims against dairies (Supreme People's Court), 57; dairies offer settlement, 77
– Toys, Mattel agrees to settlement re lead recall (C.D. Cal.), 965

CHOICE OF LAW

– Accelerator pedals, warranty breach claims apply law of manufacturer's principal place of business (Okla.), 375
– Trends, Analysis & Perspective, 399

CIGARETTES

See TOBACCO INDUSTRY

CITIES

See STATE AND LOCAL GOVERNMENT

CITIZENSHIP

See ALIENS AND CITIZENSHIP

CIVIL RIGHTS

– Attorneys' fees, representatives of foster children may receive enhancement for superior representation (U.S., rev grant), 327; (oral arg), 951
– Contracts, §1981 right not violated by retailer's surveillance of black shoppers (8th Cir.), 496
– Detainees allegedly unconstitutionally held after posting bond, certification reversed (7th Cir.), 855
– Disabled persons

See DISABILITY DISCRIMINATION

– Job bias

See EMPLOYMENT DISCRIMINATION

– Police officers under video surveillance in locker room, final approval given to settlement (C.D. Cal.), 831
– Prison Litigation Reform Act does not bar joinder of in forma pauperis prisoners in suit over conditions of confinement (3d Cir.), 649

CLASS ACTION FAIRNESS ACT (CAFA)

– ABS brakes, multistate class not certified, CAFA jurisdiction does not continue (N.D. Ill.), 371
– Amended complaint does not commence new action that may be removed (5th Cir.), 631
– Amount in controversy

– – Chocolate, jurisdictional amount must be proven by preponderance of evidence (8th Cir.), 223
– – Credit protection, amount must be proven by information from claimant (11th Cir.), 584
– – Insurance policies, removal must be shown by “reasonable probability” (1st Cir.), 176
– – MDL, 2 cases remanded to state courts over objections of remaining putative class (D. Ariz.), 734
– – Mobile phone add-on content, CAFA jurisdiction met by estimate of potential damages (W.D. Wis.), 273
– – Non-statutory attorneys' fees may not be used to calculate (8th Cir.), 271
– – Unpaid overtime, employer estimate insufficient for removal under Act (4th Cir.), 125

– Broader implications of CAFA, Analysis & Perspective, 452
– California, state claims decreased after passage of CAFA, study finds, 396
– Corporate citizenship, “place of operations” test to determine (U.S., rev grant), 527
– Denial of certification, effect on jurisdiction, Analysis & Perspective, 559
– Electronics, citizenship of national retailer determined by substantial predominance of operations (9th Cir.), 223
– Foreign conduct, no jurisdiction under Act (N.D. Ill.), 62
– Local controversy exception

– – Auto insurance claim moved back to state (3d Cir.), 325
– – Credit cards, data breach claim against in-state grocery chain by state citizens falls under CAFA exception (1st Cir.), 430
– – Hazardous waste, state-initiated cleanup not converted to federal activity by adherence to superfund standards (W.D. Okla.), 431; suit remanded to state court under local controversy exception (10th Cir.), 818
– – PCB class action suit remanded to state court (S.D. Ill.), 781

– Oil spill-related personal injury claims, denial of certification does not strip court of CAFA jurisdiction (W.D. La.), 128
– Pharmacy benefits manager, use of weekly price updates alleged to be contract breach, summary judgment denied (M.D. Ala.), 282
– Relation back, change in claims was significant, CAFA removal proper (7th Cir.), 423
– Removal bar of 1933 Securities Act does not trump Act (7th Cir.), 18
– Removal to federal court

– – Pesticide exposure claims, Central American fruit workers may file separate suits to avoid removal under CAFA (C.D. Cal.), 271; affirmed (9th Cir.), 326
– – Pesticide exposure claims, West African fruit workers may maintain separate suits to avoid removal under CAFA (9th Cir.), 326; (U.S., rev den), 920

– Trends, Analysis & Perspective, 399

CLIMATE CHANGE

– Hurricane Katrina, Mississippi property owners may proceed with global warming tort suit (5th Cir.), 947

COLORADO

– Asbestos contamination, property owners class certification vacated, conflicting expert testimony must be resolved (Colo. Ct. App.), 725
– Insurance, fraud on the market theory cannot be used to prove reliance without active market (Colo.), 427

COMMERCE CLAUSE

– Attorneys, graduates of state law schools allowed to practice without taking bar exam, challenge suit by out-of-state graduates reinstated (7th Cir.), 678
– Bisphenol A, local and state legislation may offend dormant Commerce Clause, Analysis & Perspective, 353

COMPUTER FRAUD AND ABUSE ACT (CFAA)

– Kindle users sue Amazon.com for deleting certain book titles (W.D. Wash.), 764
– Losses can be aggregated by multiple users on multiple computers to meet damages threshold (D. Minn.), 731
– Software scheduled failure, customers may bring claims under Act and state consumer protection law (D.N.J.), 126

COMPUTERS

– Arbitration, waiver of consumer class actions

– – Dell waiver provision unenforceable (Mass.), 683
– – T-Mobile wireless card agreements, waiver unconscionable (9th Cir.), 334
– – Tex. and Mich. law allow enforcement of waiver (E.D. Mich.), 66
– – Waiver unconscionable (9th Cir.), 387

– Data breaches

See PRIVACY

– Electronic commerce

See ELECTRONIC COMMERCE

– Inkjet printer cartridges programmed to display “low on ink” warnings prematurely, consumer suit dismissed (N.D. Cal.), 646
– Internet

See INTERNET

– Memory

– – DRAM, conspiracy claims re price fixing to support stock price may proceed (D. Idaho), 230
– – SRAM, definition of purchasers of custom memory accepted in antitrust claim (N.D. Cal.), 65
– – Vista, consumers claim laptops unable to run (N.D. Cal.), 311

– Nanotechnology, torts arising from, Analysis & Perspective, 39; websites of interest, 48
– Overheating in Dell laptop computers, conditional certification granted (Ont. Super. Ct. Just.), 116
– Screens

– – HP laptop defects, claims dismissed (9th Cir.), 237
– – Vertical lines on Apple iMac screen displays, class certification sought (N.D. Cal.), 56

– Software

See SOFTWARE

– Touchpads allegedly defective in laptops, suit filed against Sony (C.D. Cal.), 849

CONFERENCES AND MEETINGS

– Ed. Note: A list of upcoming conferences and meetings appears at the end of selected issues.
– Am. Bar Ass'n, 351; National Inst. on Class Actions, 790
– Am. Law Inst., Annual Meeting, 555
– ASPPA 401(k) Summit, 293
– BNA

– – Antitrust Developments in Complex Litigation, 554
– – ERISA class actions, 883
– – Planning for a Post-Levine World, 504

– Center for Am. Progress, 446
– Securities Docket, 38
– Seyfarth Shaw LLP webinar, 201

CONFIDENTIALITY

See PRIVACY

CONGRESS, U.S.

– Ed. Note: For coverage of legislation by bill number, see LEGISLATION, FEDERAL. For information on measures not yet assigned bill numbers, see relevant subject headings.

CONNECTICUT

– Employee benefits, Citigroup did not violate state wage law by forfeiting stock of employees participating in capital accumulation plans (Conn.), 21
– Health insurance, state medical society among claimants for underpayment of out-of-network medical providers (D.N.J.), 159
– Madoff fraud, claim against auditors for reliance on false account statements (Conn. Super. Ct.), 106
– State employees allegedly fired due to union activity and political views, denial of state's motion to dismiss upheld (Conn.), 734

CONSPIRACY

– Price fixing

See ANTITRUST

CONSTITUTIONAL LAW

– Commerce Clause

See COMMERCE CLAUSE

– Due process

See DUE PROCESS

– Freedom of speech, filing age discrimination claim with EEOC does not establish prima facie First Amendment retaliation claim (5th Cir.), 183
– Religious freedom, employer sued for not accommodating, inconsistency of beliefs re timing of Muslim prayers fails to satisfy commonality, class certification denied (D. Minn.), 577

CONSTRUCTION

See BUILDING AND CONSTRUCTION

CONSUMER CREDIT

– Arbitration

See ARBITRATION

– Credit cards

See CREDIT CARDS

– FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

– FDCPA

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– Loans

See LOANS

– Mortgages

See MORTGAGES

– Truth in Lending Act

See TRUTH IN LENDING ACT (TILA)

CONSUMER PROTECTION

– Beverages

See BEVERAGES

– Building and construction

See BUILDING AND CONSTRUCTION

– Cell phones

See WIRELESS COMMUNICATIONS

– Cemetery owners sued for negligence, groundskeepers allegedly broke interment vaults and dumped human remains (Cal. Super. Ct.), 849
– Computers

See COMPUTERS

– Contact lens solution recall, plaintiffs' certification motion denied (D.S.C.), 904
– Credit cards

See CREDIT CARDS

– Cybersquatting, fact-specific inquiries make class certification unreasonable (N.D. Ill.), 12
– Electrical supply charges, consumers challenge unilateral adjustment of fixed price, denial of class certification reversed (N.Y. Sup. Ct. App. Div.), 628
– False advertising

See FALSE ADVERTISING

– Fireplaces, judge-shopping sanctions imposed on attorney who filed 2 nearly identical class actions in same court (N.D. Cal.), 25
– Food

See FOOD

– Gift card holder's unjust enrichment and unfair competition claims allowed, McDonald's motion to dismiss false advertising claim granted (S.D. Cal.), 913
– Motor vehicles

See MOTOR VEHICLES

– Online paid rewards program not deceptive, consumers' claims dismissed (S.D. Tex.), 880
– Privacy

See PRIVACY

– Product safety

See PRODUCT SAFETY AND LIABILITY

– Reliance continues to be major issue in non-financial claims, Outlook 2009, 82
– Tanning salon sued for misrepresenting health risks to customers, class certification vacated (3d Cir.), 721
– Telephones

See TELECOMMUNICATIONS

– Television

See TELEVISION

– Warranties

See WARRANTIES

– Window manufacturer sued for alleged leaking, certification granted (E.D. Cal.), 859

CONTRACTS

– Arbitration agreements

See ARBITRATION

– Baby cribs, latent defect not enough to state contract claim, dismissal of plaintiffs' suit upheld (8th Cir.), 736
– Basketball season ticket holders, class certified for breach claims in team move (W.D. Wash.), 221
– Civil rights, §1981 right not violated by retailer's surveillance of black shoppers (8th Cir.), 496
– Employee compensation

See WAGES

– Expedia ordered to pay damages to consumers for failure to disclose hotel taxes and fees (Wash. Super. Ct.), 542
– Football memorabilia, jury verdict requiring players' union to pay royalties to retirees upheld (N.D. Cal.), 71; preliminary approval given to settlement for retired players, 739; $26M settlement given preliminary approval, 785
– Health insurance, chiropractor may pursue third-party benefit claim for failure to steer patients to practice in return for discount (S.D. Ill.), 277
– Identity theft, plaintiff's claims dismissed, fear of future harm not enough to succeed on the merits (D. Conn.), 918
– Labor, Brazilian guestworkers allege exploitation and visa fraud (S.D. Miss.), 464
– LexisNexis sued for overcharging flat-rate subscribers, attorney asserts breach of contract and fraud claims (N.D. Cal.), 711
– Oil and gas well operator sued for allegedly improper billing and fees, certification and settlement upheld (Okla.), 856
– Settlement, opt-out procedure acceptable even though plaintiffs failing to opt out incur financial obligation to defendants (N.D. Ill.), 867
– Thai workers sue farm labor contractor for allegedly failing to provide promised employment (Cal. Super. Ct.), 895

COPYRIGHTS

– Digital Millennium Copyright Act safe harbor, summary judgment denial moot after plaintiff voluntarily dismissed suit, YouTube appeal denied (9th Cir.), 436
– Google Book Search, notification to copyright holders in settlement of digitization claims begins (S.D.N.Y.), 190; National Writers Union opposes proposed settlement, 789; antitrust, privacy concerns raised in amicus briefs, 824; DOJ files amicus brief, 876
– Unregistered copyrights, jurisdiction lacking to approve settlement (U.S., rev grant), 228; (oral arg), 949

COSMETICS

– Avon, inclusion of company stock as investment option is not breach of fiduciary duty, dismissal recommended (S.D.N.Y.), 225
– Bathing products for children, claim alleges unlabeled carcinogens (D.N.J.), 513
– IPO fraud (N.D. Ill.), 336

COUNSEL

See ATTORNEYS

CREDIT CARDS

– Arbitration

See ARBITRATION

– Certification denied, appeal not allowed after lead plaintiff voluntarily settled claim (7th Cir.), 811
– Credit protection, CAFA amount in controversy must be proven by information from claimant (11th Cir.), 584
– Data breaches

– – CAFA local controversy exception applies to claim against in-state grocery chain by state citizens (1st Cir.), 430
– – Heartland Payment Systems

See Heartland Payment Systems, this heading

– – Identity theft, increasingly larger breaches cause legal headaches for businesses, 834
– – J.P. Morgan Chase not liable, suit dismissed (S.D.N.Y.), 691
– – TJX data breach claims, data security trust fund set up for state Attorneys Gen. (Mass. Super. Ct.), 603
– – TJX data breach claims, settlement agreement reached, class action claims to be dismissed, 827; 2 banks request dismissal of action against TJX (D. Mass.), 873

– Electronics, citizenship of national retailer in fee dispute determined by substantial predominance of operations under CAFA (9th Cir.), 223
– 401(k) plans, American Express employees allege breach of fiduciary duty over misrepresentations of company's financial health (S.D.N.Y.), 7
– Heartland Payment Systems

– – Banks and credit unions file suit re data breach (S.D. Tex.), 939
– – Cost of replacing credit and debit cards sought by banks (D.N.J.), 157
– – Multidistrict panel consolidates bank and consumer claims (J.P.M.L.), 592
– – Payment card processor allegedly breached credit and debit card data (D.N.J.), 102
– – Securities fraud claims alleging misleading disclosures re breach (D.N.J.), 261

– Interest rates, disclosure fails to give adequate notice under TILA (9th Cir.), 529
– Jury trial not available to plaintiffs claiming merchant allegedly asked for home telephone numbers on credit card purchases (E.D. Cal.), 914
– Receipts, consumer class certified in suit against restaurant for printing full credit card numbers (N.D. Ill.), 863
– Tax refunds illegally withheld to satisfy Army and Air Force Exchange Service credit card debt, class certified (N.D. Cal.), 269
– ZIP codes, retailer collection does not violate state credit card law (Cal. Ct. App.), 30

CREDIT RATINGS

– ERISA stock drop claims filed by employees of McGraw-Hill for faulty ratings system at subsidiary S&P (S.D.N.Y.), 572
– Market downturn not proved by drop in price of parent company (S.D.N.Y.), 487
– Monoline insurance, class actions against insurers continue after businesses collapse, 925
– Securities fraud class action suits advance in state and federal courts as credit rating agencies mull future, 791

CREDIT UNIONS

See BANKING

CRIMINAL LAW AND PROCEDURE

– Attorney pleads guilty to felony charges after losing clients' settlement money by day trading in stock market (C.D. Cal.), 911
– Attorneys found guilty of defrauding clients in fen-phen class action (E.D. Ky.), 343; jury award affirmed, 594; attorneys sentenced to prison, ordered to pay restitution, 787
– Identity theft, increasingly larger data breaches cause legal headaches for businesses, 834
– Notary fees, questions certified to state court re law's application to corporations and availability of private causes of action and penalties (11th Cir.), 909
– Prison Litigation Reform Act does not bar joinder of in forma pauperis prisoners in suit over conditions of confinement (3d Cir.), 649
– Racial discrimination, black males allegedly targeted for DNA testing during rape investigation, certification denied (4th Cir.), 813

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