Class Action Litigation Report® Index-Summary

DAMAGES

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

See LEGISLATION, FEDERAL, S 1551

– Computer Fraud and Abuse Act, losses can be aggregated by multiple users on multiple computers to meet threshold (D. Minn.), 731
– Credit card purchases, merchant allegedly asked for home telephone numbers, plaintiffs not entitled to jury trial (E.D. Cal.), 914
– Employment sex discrimination

See LEGISLATION, FEDERAL, HR 12, S 182

– Exxon Valdez oil spill, punitive damages payments begin, interest and fees still disputed, 33; seafood processors' attempts to get larger share of awards denied (9th Cir.), 737; seafood processor files appeal (U.S., rev den), 922
– FACTA, damages provision of Act is not unconstitutionally vague (11th Cir.), 482
– Firefighters, settlement for “race norming” claims provides 2 damages options (N.D. Ill.), 285
– 401(k) plan stock drop claims, class seeking money damages cannot be certified (C.D. Cal.), 581
– Loss causation may be resolved at certification stage of securities fraud litigation, Analysis & Perspective, 927
– Money damages claims under Rule 23(b)(2), conferees discuss, 651
– Personal data lost by VA medical center, Privacy Act damages claim dismissed, Admin. Procedures Act claims may proceed (11th Cir.), 586
– Shower pan manufacturer sued re alleged design defects, plaintiffs' denial of certification upheld (Cal. Ct. App.), 946
– Supermarket, bulk of claims dismissed, negligence-based claims for unreimbursed charges survive (D. Me.), 479; dismissal of claims stayed, damages question certified to state high court (D. Me.), 955

DELAWARE

– Philadelphia Stock Exchange, ownership control by institutional investors, allocation of settlement proceeds upheld (Del.), 135

DENTAL CARE

– Denture cream claims consolidated (J.P.M.L.), 592
– Mouthwash

– – Crest mouthwash, consumer files suit alleging teeth stained (E.D. Mich.), 716
– – Listerine mouthwash, actions not consolidated, 973

DERIVATIVE ACTIONS

– Electronic payment solutions provider, shareholder claims re accounting restatements dismissed (N.D. Cal.), 544
– H&R Block suit dismissed, lead plaintiff failed to adequately plead scienter (8th Cir.), 878

DISABILITY BENEFITS

– Delays, plaintiffs claim company unreasonably delayed payment of benefits, certification denied (2d Cir.), 769
– Discontinuance of health coverage, claims may proceed (8th Cir.), 386
– Social Security benefits denied to beneficiaries improperly identified as “fleeing felons,” suit settled (N.D. Cal.), 690; settlement signed by judge (N.D. Cal.), 969

DISABILITY DISCRIMINATION

See also AMERICANS WITH DISABILITIES ACT (ADA)
– Credit union, deaf customers file claim for refusal to accept relay calls (Cal. Super. Ct.), 466
– Hard-of-hearing UPS workers, claims settled (N.D. Cal.), 597
– Hotel room accessibility, online travel sites agree to settle claims (Cal. Super. Ct.), 138

DISASTERS

See NATURAL DISASTERS

DISCLOSURE

See also PRIVACY
– Acne drug, investor claims re faulty disclosure and channel stuffing, class certified (N.D. Cal.), 520
– Broker-dealers, conflicts of interest between investment and research departments, claim dismissed for failure to plead material omissions (S.D.N.Y.), 189
– Credit cards, disclosure of interest rates fails to give adequate notice under TILA (9th Cir.), 529
– Discovery

See DISCOVERY

– Fiduciary duty, revenue-sharing between 401(k) plan provider and affiliated company, no duty to disclose to participants, claim dismissed (7th Cir.), 188
– Initial public offering, class action against telecom firm allowed to proceed in part (N.D. Cal.), 781
– Used car buyers lack standing to sue dealerships not involved in sales transactions (Alaska), 682

DISCOVERY

– Antitrust

– – Certification, eBay's request for evidentiary hearing denied, substantial discovery conducted (N.D. Cal.), 862
– – Jurisdiction, diamond merchant makes “sufficient start” in showing agency for limited discovery (S.D.N.Y.), 137
– – Rail freight price fixing, bifurcation of discovery into pre- and post-certification phases denied (D.D.C.), 675

– Human tissue and body parts, counsel documents not created in anticipation of litigation, production compelled (D.N.J.), 486
– Lead plaintiff, discovery allowed in case against solar energy company to determine adequacy of hedge fund to serve as (D.N.M.), 910
– Newspaper violated federal law by seeking union views from employee (NLRB), 19
– Pharmaceuticals, nonparties may not be deposed during precertification discovery (E.D.N.Y.), 426
– Pipe fittings company ordered to name witness re document retention practices (D. Minn.), 22
– Racial discrimination, Secret Service agents, sanctions imposed against agency for discovery delays (D.D.C.), 24
– Sanctions may not be imposed on attorneys under Rule 37(c)(1) for discovery misconduct (3d Cir.), 864
– Securities

– – Auction rate securities, motion to lift PSLRA discovery stay to assist litigation strategy denied (S.D.N.Y.), 388
– – Bond defaults, civil contempt order against Argentina for failure to comply with discovery (S.D.N.Y.), 533

DISCRIMINATION

– Disability

See DISABILITY DISCRIMINATION

– Employment

See EMPLOYMENT DISCRIMINATION

– Racial

See RACIAL DISCRIMINATION

– Sex

See SEX DISCRIMINATION

DISTRICT OF COLUMBIA

– Drinking water, parent sues public utility for “cover-up” of lead amounts (D.C. Super. Ct.), 160

DRUGS

See PHARMACEUTICALS

DUE PROCESS

– FACTA, damages provision of Act is not unconstitutionally vague (11th Cir.), 482
– Home Affordable Modification Program, group files suit alleging violations (D.C. Minn.), 713
– Notification of class, defendant ordered to pay costs since only party able to, due process concerns expressed by Supreme Court Justices (U.S., rev den), 949
– Social Security number stolen from county website, financial damage not protected liberty interest (U.S., rev den), 70