Class Action Litigation Report® Index-Summary

E-MAIL

– Attorney-client privilege does not bar order to produce outside counsels' investigation notes on deletion of e-mail evidence in antitrust suit (D. Del.), 416
– Credit card number truncation not required for e-mail confirmation of online transaction (S.D. Fla.), 597
– Spam law enacted in Israel, 477

EDUCATION

See SCHOOLS

EEOC (EQUAL EMPLOYMENT OPPORTUNITY COMMISSION)

See generally EMPLOYMENT DISCRIMINATION

ELECTIONS

– Disability bias, Philadelphia polling places inaccessible to mobility-impaired voters, ADA plaintiffs class certified (E.D. Pa.), 271

ELECTRONIC COMMERCE

– Ed. Note: This heading covers electronic sales of goods and services and their regulation. Electronic mail is covered under E-MAIL. All other references to the Web or the Internet are found at INTERNET.
– Advertising

– – Google placement of ads on parked and error Web sites

– – – AdWords customers sue (N.D. Cal.), 574
– – – RICO claim dismissed (N.D. Ill.), 684

– – Yahoo sued for breach of contract, class action waiver clause may be unconscionable (C.D. Cal.), 413

– Dating service contracts allegedly void, lead plaintiff dismissed for lack of standing (Cal. Ct. App.), 453
– Disability discrimination, blind customers sue Target for inaccessible Web site, class notice approved (N.D. Cal.), 191; settlement announced, 742
– eBay must defend charges of monopolizing auction market (N.D. Cal.), 245
– Hotel reservation firms, unpaid occupancy taxes

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

– Privacy

– – Best Buys' failure to truncate credit card data on electronic sales receipts, customer class certified (N.D. Ill.), 234
– – Blockbuster sued for transmitting video rental customers' personal information to Facebook Web site (E.D. Tex.), 368
– – Credit card number truncation not required for e-mail confirmation of online transaction (S.D. Fla.), 597
– – Facebook sued for sharing users' information via Beacon program (N.D. Cal.), 668
– – LendingTree mortgage services firm sued for customer data security breach (S.D.N.Y.), 443
– – South Korean auction firm customers sue over data security breach (K.R. Cent. Dist. Ct.), 317

– RICO civil suit against romantic advice Web site operator dismissed (N.D. Ill.), 291
– Scalping of concert tickets sold on reseller Web sites (Or. Cir. Ct.), In Brief, 786

ELECTRONIC RESOURCES

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

EMPLOYEE BENEFITS

– Damages, city employees' notice of claim must contain “specific amount” for which claim can be settled (Ariz. Ct. App.), 418
– Disability benefits

See DISABILITY BENEFITS

– “Employee” status and eligibility for benefits, FedEx drivers

– – National class certified, appeal denied (7th Cir.), 95
– – State classes certified (N.D. Ind.), 270

– ERISA

See ERISA

– Fiduciary duty

See FIDUCIARY DUTY

– 401(k) plans

See 401(k) PLANS

– Health insurance

See HEALTH INSURANCE

– Leave

See LEAVE

– Pensions

See PENSIONS

– Retiree benefits

See RETIREMENT

– Severance benefits cannot be conditioned on worker's waiver of FLSA claims (N.D. Ga.), 419
– Stock ownership plans

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Trade Adjustment Assistance benefits sought by former IBM software workers, certification denied (Fed. Cir.), 719

EMPLOYEE RETIREMENT INCOME SECURITY ACT

See ERISA

EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Bear Stearns sued for fiduciary breach (S.D.N.Y.), 223; another suit filed (S.D.N.Y.), 265; law firms file motion to consolidate suits, 280
– Prohibited transactions challenged by former Kelly-Moore employees, class certified (N.D. Cal.), 534

EMPLOYMENT DISCRIMINATION

– Age discrimination

– – Defense Dep't hiring freeze on federal annuitants, former workers class denied certification (6th Cir.), 579
– – Federal Aviation Admin. workers' ADEA suit (D.D.C.), In Brief, 472
– – Intake questionnaire submitted to EEOC may be considered filing of ADEA “charge” (U.S., aff), 190
– – Layoff of American Airlines reservation agents, ADEA suit filed (S.D. Ohio), 175
– – Partnership policies at PricewaterhouseCoopers, EEOC charge dually filed in N.Y. and D.C. (D.C. Cir.), 150
– – Television writers' personal information sought for statistical analyses, Writers Guild must provide (Cal. Ct. App.), 679
– – 3M workers class certified (Minn. Dist. Ct.), 321

– Disability discrimination

– – Deaf UPS workers' ADA suit remanded (9th Cir., en banc), 16
– – Police officers required to provide description of medical condition causing absence, preliminary injunction issued (S.D. Ohio), 541; classes certified, 717

– National origin discrimination

– – Baking company sued over harassment of Hispanic workers (N.D. Ill.), 761
– – Faribault Foods' bias against Hispanics, settlement approved (D. Minn.), 297
– – Federal contractor settles DOL claims, 642
– – Food City grocery chain sued for pay bias, Hispanic workers may seek class certification (9th Cir.), 621
– – N.Y. City Parks Dep't settles Hispanic worker claims (S.D.N.Y.), 200
– – Union bias against Hispanic members, partial settlement approved (S.D.N.Y.), 109

– Racial discrimination

– – Bank's settlement of suit (DOL), In Brief, 473
– – Boeing workers' claims time-barred (9th Cir.), 194
– – Coca-Cola workers' pattern-or-practice claims dismissed, plaintiffs failed to seek class status (11th Cir.), 136
– – Damages to be reapportioned among workers who prevailed on loss-of-promotion claims (5th Cir.), 193
– – Federal contractor settles DOL claims, 642
– – Firefighters, black applicants for Chicago jobs denied relief due to untimely filing of EEOC charge (7th Cir.), 470
– – Johnson & Johnson workers class denied certification, motion for interlocutory review untimely filed (3d Cir.), 329
– – Kroger grocery chain settles black workers' claims (W.D. Ky.), 516
– – Mandatory arbitration clause in employment contract unenforceable due to prohibitive cost (N.D. Ill.), 149
– – McCormick & Schmick's restaurant chain settles suit (N.D. Cal.), 467
– – Morgan Stanley financial advisors, court seeks briefs on proposed settlement (N.D. Cal.), 21; preliminary approval of settlement, 154
– – N.Y. City Parks Dep't settles suit by black employees (S.D.N.Y.), 200
– – Poultry processing firm settles claims of black job applicants (DOL), 295
– – Punitive damages award not dependent on award of compensatory damages or back pay (5th Cir.), 71
– – Union bias against black members, partial settlement approved (S.D.N.Y.), 109
– – Walgreens drug store chain, settlements approved by court (S.D. Ill.), 294
– – Westinghouse nuclear facility workers class denied certification (4th Cir.), 183
– – Written eligibility test for Ford apprenticeship program, settlement approved (S.D. Ohio), 21
– – Xerox sales representatives, proposed settlement (E.D.N.Y.), In Brief, 347

– Sex discrimination

– – Attorneys' fees for litigation seeking prejudgment interest on back pay award denied (D.C. Cir.), 771
– – EMC sales workers denied certification (N.D. Ill.), 713
– – GE motion to dismiss job bias suit denied (D. Conn.), 99
– – Layoff of American Airlines reservation agents, suit filed (S.D. Ohio), 175
– – Pregnancy Discrimination Act, women entitled to full service credit for pre-Act leaves, solicitor general invited to file brief (U.S.), 62
– – Restaurant chain settles EEOC suit over alleged bias against male bartenders (N.D. Tex.), 425
– – Smith Barney settles female brokers' suit (N.D. Cal.), 289; final court approval, 744
– – Sterling Jewelers retail sales workers file suit (S.D.N.Y.), 224; arbitrator to hear claims, 591

– Sexual harassment

– – Cheesecake Factory restaurant sued for allowing male workers to harass male co-workers (D. Ariz.), 574
– – Dillard's department store employees, settlement (D. Colo.), In Brief, 297
– – Dry cleaning workers awarded compensatory and punitive damages (S.D. Tex.), 153
– – Prison officials liable for not protecting female guards from male inmates' lewd behavior (S.D. Fla.), 429
– – Specialty Restaurant chain settles EEOC suit (C.D. Cal.), 422

ENERGY

– Nuclear energy

See NUCLEAR ENERGY

– Oil and gas

See OIL AND GAS

– Utilities

See UTILITIES

ENVIRONMENT

– Air

See AIR POLLUTION

– Damages

– – Ecuadorian Amazon damaged by Chevron oil activities, court-ordered damages assessment report to be released, 336
– – Exxon Valdez oil spill, punitive damages award was excessive (U.S., vac), 512
– – Fish supply reduced due to pollutant release, commercial fishermen's recovery of economic losses, question certified to state supreme court (Fla. Ct. App.), 788

– Oil and gas

See OIL AND GAS

– Toxic releases

See TOXIC TORTS

– Water

See WATER POLLUTION

EQUAL EMPLOYMENT OPPORTUNITY COMMISSION (EEOC)

See generally EMPLOYMENT DISCRIMINATION

ERISA

– Fiduciary duty

See FIDUCIARY DUTY

– 401(k) plans

See 401(k) PLANS

– Health insurance benefits for eating disorders, ERISA bars class claims (D.N.J.), 687
– Pensions

See PENSIONS

– Retiree benefits

See RETIREMENT

ESOPs (EMPLOYEE STOCK OWNERSHIP PLANS)

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

EVIDENCE

– Air pollution from coal-burning electric plant, homeowners lack proof for geographic scope of class, certification denied (W.D. Ky.), 272
– Discovery

See DISCOVERY

– Expert testimony

See EXPERT WITNESSES

– Securities fraud, loss causation not shown by Omnicom Group investors, suit dismissed (S.D.N.Y.), 155

EXPERT WITNESSES

– Attorneys' fees, contingent fee award to class counsel, expert need not testify as to reasonableness (Wis. Ct. App.), 100
– Expert reports

– – Air pollution from PVC manufacturing plant, plaintiffs denied certification, report on geographic scope of class inadequate (W.D. Ky.), 764
– – Consideration at certification stage, Analysis and Perspective, 604

– Fees of expert witness, entire settlement of Lenox antitrust suit will be used to pay (N.D. Cal.), 27
– Medical center sued over negligent credentialing of surgeon, plaintiffs' expert unqualified, suit dismissed (Tex.), 423
– Perjury in securities fraud cases, guilty plea to be entered (E.D. Pa.), 245
– Product liability

– – Homeowners class suing over defective windows denied certification, experts fail to show common issues would predominate (Cal. Ct. App.), 535
– – Seroquel antipsychotic drug maker's retention of plaintiffs' doctors as expert witnesses (M.D. Fla.), In Brief, 429

EXPORTS

See INTERNATIONAL TRADE