Class Action Litigation Report® Index-Summary

ELDERLY PERSONS

– Banking, oral arguments address use of social security benefits to satisfy overdraft fees (Cal.), 335
– Living trusts, default judgment ordered for false information and sales of unnecessary products to seniors (W.D. Ark.), 344

ELECTRONIC COMMERCE

– Arbitration, clickwrap class action waiver in E*Trade agreement not unconscionable under Va. law (C.D. Cal.), 125

ELECTRONIC RESOURCES

– Ed. Note: For a list of selected articles, BNA products, and Internet sources, see back page of each issue.

EMPLOYEE BENEFITS

– Capital accumulation plans, Citigroup did not violate state wage law by forfeiting stock of participating employees (Conn.), 21
– Certification of class

– – Ease of certification in retirement plan fee claims is major development, speaker tells conferees, 293
– – Uniform employer scheme alone did not make case suitable for collective action under “rigorous analysis” test (6th Cir.), 59

– Chiropractic and physical therapy claims may proceed against United Healthcare for denial or delay of payment (D. Ariz.), 439
– Disabled employees, claims over discontinuance of health coverage may proceed (8th Cir.), 386
– 401(k) plans

See 401(k) PLANS

– Pensions

See PENSIONS

– Retiree benefits

See RETIREMENT

– Stock ownership plans

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Paint company plan alleged to be prohibited transaction under ERISA, preliminary approval granted for settlement (N.D. Cal.), 134

EMPLOYMENT DISCRIMINATION

– Age discrimination

– – Certification, trial court must require proof by preponderance of evidence and resolve expert disputes (Minn. Ct. App.), 423
– – EEOC filing does not establish prima facie First Amendment retaliation claim (5th Cir.), 183
– – Night watchmen, unionized employees must arbitrate bias claims (U.S., rvs and rem), 347
– – Statistical evidence to support class lacking, individual claims may proceed (D. Nev.), 180

– Equal Pay Act remedies

See LEGISLATION, FEDERAL, HR 12, S 182

– Federal employees may not circumvent Civil Service Reform Act in discrimination claims (D.C. Cir.), 495
– Racial discrimination

– – Certification appeal, untimely petition rejected (D.C. Cir.), 371
– – Firefighters, definition of timely filing under Title VII, solicitor general brief invited (U.S.), 489
– – Grocery chain, improper rejection of class certification for Hispanic workers (U.S., rev den), 112
– – Non-intervening employees in EEOC claim may not be compelled to arbitrate (D. Ariz.), 479
– – Police officers, Latino group cannot demonstrate post-settlement contempt by department (2d Cir.), 225
– – Postal workers, class lacking common claims not certified (EEOC), 317
– – “Race norming” claims, settlement achieved (N.D. Ill.), 285
– – Secret Service agents, sanctions imposed against agency for discovery delays (D.D.C.), 24
– – Statutes of limitations, individual claims for certified class members tolled until class action proceedings resolved (5th Cir.), 67
– – Trucking, black drivers may proceed with claim, summary judgment denied (E.D. Ark.), 121; settlement announced, 189
– – Uniform supplier, individual questions predominate, class not certified (E.D. Mich.), 322

– Sex discrimination

– – Equal Pay Act, female nurse practitioners employed by VA lack claim (Fed. Cl.), 127
– – Non-intervening employees in EEOC claim may not be compelled to arbitrate (D. Ariz.), 479
– – Sexual harassment, settlement approved in newspaper mailroom claim (D. Minn.), 339
– – Uniform supplier, individual questions predominate, class not certified (E.D. Mich.), 322
– – Wal-Mart Inc., review of certification granted (9th Cir.), 163; arguments heard, 263; EEOC urges award of class-wide punitive damages, 264; Supreme Court review likely, speakers tell conferees, 351

– Time limits for filing discrimination claims

See LEGISLATION, FEDERAL, HR 11

ENERGY

– Electric co-op, notice and agreement re retention of excessive capital claims found reasonable, settlement affirmed (Tex. App.), 287
– Oil and gas

See OIL AND GAS

– Pensions, failure by energy company to use “whipsaw” calculation in determining lump-sum distributions, class certified (W.D. Wash.), 169
– Solar energy firm alleged to have inflated value of inventory, shareholder class certified (N.D. Cal.), 109
– Statute of limitations tolled on denial of certification for inadequate representation, power company employee may intervene as class representative (S.D. Ohio), 226

ENVIRONMENT

– Toxic releases

See TOXIC TORTS

– Water

See WATER POLLUTION

ERISA

– Bear Stearns litigation consolidated, but securities, derivative, and ERISA claims will proceed as separate actions (S.D.N.Y.), 64
– Chiropractic and physical therapy claims may proceed against United Healthcare for denial or delay of payment (D. Ariz.), 439
– Disabled employees, claims over discontinuance of health coverage may proceed (8th Cir.), 386
– Employee stock ownership plans, paint company plan alleged to be prohibited transaction under ERISA, preliminary approval granted for settlement (N.D. Cal.), 134
– 401(k) plans

See 401(k) PLANS

– Madoff fraud

– – Ancillary claims allege ERISA violations (S.D.N.Y.), 448
– – Breach of duty alleged from investing in funds managed by Madoff (E.D. Pa.), 158
– – Multiemployer funds file claims for selecting Madoff-related investments (W.D.N.Y.), 368
– – Unions bring claims against fund manager and auditor (S.D.N.Y.), 369

– Pensions

See PENSIONS

– Retirement plan sponsors, claims against investment advisers, Special Report, 244
– Settlements, no appellate jurisdiction over disapproval of specific settlement (9th Cir.), 432
– Stock lending program, pension funds file claims for losses (D. Mass.), 369
– Telecommunications equipment, members of ERISA class not barred from joining securities fraud claim (N.D. Ill.), 220
– Vested retiree benefits, class claiming violations based on unilateral changes certified (N.D. Ohio), 317

EUROPEAN UNION (EU)

– Antitrust, binding legislation to be proposed for collective redress of damages, 349

EVIDENCE

– Age discrimination, trial court must require proof by preponderance of evidence and resolve expert disputes to certify claims (Minn. Ct. App.), 423
– Discovery

See DISCOVERY

– Pharmaceuticals, risk of suicide, general causation evidence may be presented (D. Mass.), 481
– Securities, global claims create evidence-gathering challenges, speakers tell conferees, 242

EXPERT WITNESSES

– Age discrimination, trial court must require proof by preponderance of evidence and resolve expert disputes to certify claims (Minn. Ct. App.), 423
– Chemical release, expert fails to show medical causation, verdict affirmed (La. Ct. App.), 131
– Health insurance, pretrial settlement remanded for further review of attorneys' fees and cross-examination of expert (N.J. Super. Ct.), 333
– Poultry waste disposal in watershed, no abuse of discretion in allowing testimony and finding it unreliable (10th Cir.), 501
– Racial discrimination, expert for Latino police group cannot explain fluctuations in disciplinary records, contempt against department not found (2d Cir.), 225
– Securities fraud, loss causation, testimony failed to link decline in stock price and exposure of alleged misrepresentations (10th Cir.), 186