Class Action Litigation Report® Index-Summary

E-MAIL

– Advertisements, claim asserts embedded ads violate ECPA (C.D. Cal.), 513

ECPA

See ELECTRONIC COMMUNICATIONS PRIVACY ACT (ECPA)

ECUADOR

– Toxic waste water, Chevron brings international arbitration claim against Ecuador re class action, 909

EDUCATION

See SCHOOLS

EFTA

See ELECTRONIC FUNDS TRANSFER ACT (EFTA)

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
– Social Security disability benefits denied to beneficiaries improperly identified as “fleeing felons,” suit settled (N.D. Cal.), 690; settlement signed by judge (N.D. Cal.), 969

ELECTIONS

– Green Party contributor files suit alleging governor violated state law, Political Contribution Refund program eliminated (Minn. Dist. Ct.), 712
– Utility user tax, LA County residents file suit alleging constitutional and election law violations (Cal. Super. Ct.), 763

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.
– Apple sued for breach of iTunes gift card terms (S.D. Ill.), 618
– Arbitration, class action waiver in E*Trade clickwrap agreement enforceable in Va. (C.D. Cal.), 125
– eBay

– – Certification, eBay's request for evidentiary hearing denied, substantial discovery conducted (N.D. Cal.), 862
– – Consumer protection law not applicable to business purchases on eBay (N.D. Cal.), 490
– – Forum selection clauses, eBay click-to-agree binding on users and user affiliates (E.D.N.Y.), 589

– Keyword advertising

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

– Kindle electronic book readers

– – Defective cover, Amazon.com sued (W.D. Wash.), 670
– – Deletion of certain book titles, users sue Amazon.com (W.D. Wash.), 764

– LexisNexis sued for overcharging flat-rate subscribers, attorney asserts breach of contract and fraud claims (N.D. Cal.), 711
– Online travel companies

– – Administrative remedies need not be exhausted before filing suit (M.D. Tenn.), 381
– – City's class action certified (D.N.M.), 628
– – County's case against companies remanded to reassess certification (2d Cir.), 723
– – Disabled travelers, online travel sites settle claims they failed to provide accessible hotel rooms (Cal. Super. Ct.), 138
– – Dismissal of proposed class action upheld (4th Cir.), 73
– – Expedia ordered to pay damages to consumers for nondisclosure of fees and taxes (Wash. Super. Ct.), 542
– – Travelocity customer suit dismissed, named plaintiff lacked standing (Tex. Ct. App.), 642

– Rewards program not deceptive, consumers' claims dismissed (S.D. Tex.), 880

ELECTRONIC COMMUNICATIONS PRIVACY ACT (ECPA)

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

ELECTRONIC FUNDS TRANSFER ACT (EFTA)

– Telemarketing, statute of limitations begins to run from first transaction under EFTA (6th Cir.), 535

ELECTRONIC RESOURCES

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

EMPLOYEE BENEFITS

– ERISA

See ERISA

– 401(k) plans

See 401(k) PLANS

– Health insurance

See HEALTH INSURANCE

– Pensions

See PENSIONS

– Retiree benefits

See RETIREMENT

– Social Security

See SOCIAL SECURITY

– Stock ownership plans

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

– Unemployment benefits

– – Class definition, premature to make suitability determinations on demurrer, trial court's ruling reversed (Cal. Ct. App.), 820
– – Exhaustion of administrative remedies by all members of proposed class not required (Cal. Ct. App.), 275

– Wages

See WAGES

EMPLOYEE RETIREMENT INCOME SECURITY ACT

See ERISA

EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

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

EMPLOYEES

See LABOR

EMPLOYMENT DISCRIMINATION

– Age discrimination

– – AT&T sued by EEOC for not rehiring former employees (S.D.N.Y.), 762
– – 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
– – FedEx older couriers, claims dismissed (S.D.N.Y.), 743
– – 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

– Arbitration

See ARBITRATION

– Disability discrimination, UPS workers

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

– 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

– – Back pay awarded to black workers who prevailed on loss-of-promotion claims (E.D. Tex.), 645
– – Certification appeal, untimely petition rejected (D.C. Cir.), 371
– – Event planning company sued for allegedly using credit and criminal histories to discriminate against black, Hispanic, and male job applicants (D. Md.), 940
– – Firefighter promotion tests, city improperly discarded results that favored white applicants (U.S., rvs), 637; lawyers assess decision, Special Report, 696
– – Firefighter promotion tests, definition of timely filing under Title VII, solicitor general brief invited (U.S.), 489; (U.S., rev grant), 920
– – Grocery chain, improper rejection of class certification for Hispanic workers (U.S., rev den), 112
– – Initial assignments claims fail due to lack of timely administrative charges (N.D. Cal.), 529
– – Kodak settles black workers' claims (W.D.N.Y.), 690
– – Non-intervening employees in EEOC claim may not be compelled to arbitrate (D. Ariz.), 479
– – Nonpromotion of minority male state workers, class decertified (Mich. Ct. App.), 626
– – Plant workers allege promotion discrimination and hostile work environment, denial of certification reversed (4th Cir.), 723
– – Police officers, Baltimore settles suit by black officers (D. Md.), 640
– – 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 against Wal-Mart, summary judgment denied (E.D. Ark.), 121; settlement announced, 189; settlement approved, 693
– – Uniform supplier, individual questions predominate, class not certified (E.D. Mich.), 322

– Religion, inconsistency of beliefs re timing of Muslim prayers fails to satisfy commonality, class certification denied (D. Minn.), 577
– Sex discrimination

– – Event planning company sued for allegedly using credit and criminal histories to discriminate against black, Hispanic, and male job applicants (D. Md.), 940
– – Initial assignments claims fail due to lack of timely administrative charges (N.D. Cal.), 529
– – Jewelry store employees, arbitration agreement does not bar Equal Pay Act class action, arbitrator rules, 532
– – Navy employees not entitled to interest on back pay or attorneys' fees (U.S., rev den), 595
– – Non-intervening employees in EEOC claim may not be compelled to arbitrate (D. Ariz.), 479
– – Nurse practitioners employed by Veteran Affairs Dep't lack Equal Pay Act claim (Fed. Cl.), 127
– – 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, 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; evidentiary standard, certification consequences examined, Analysis & Perspective, 749

– 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
– Electrical supply charges, consumers challenge unilateral adjustment of fixed price, denial of class certification reversed (N.Y. Sup. Ct. App. Div.), 628
– Lead plaintiff, discovery allowed in case against solar energy company to determine adequacy of hedge fund to serve as (D.N.M.), 910
– Oil and gas

See OIL AND GAS

– Pensions

– – Alliant Energy allegedly failed to use “whipsaw” calculation in determining lump-sum distributions, class certified (W.D. Wash.), 169
– – Duke Energy allegedly failed to use “whipsaw” calculation in determining lump-sum distributions, class certified (D.S.C.), 860

– 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

– Global warming, Mississippi property owners affected by Hurricane Katrina may proceed with tort suit (5th Cir.), 947
– Toxic releases

See TOXIC TORTS

– Water

See WATER POLLUTION

ERISA

– Breach of fiduciary duty actions for individual account plans perfectly suited to certification under Rule 23(b)(1), Analysis & Perspective, 837
– Certification issues arise as ERISA class actions continue to grow in size and complexity, attorneys say, 883
– Employment benefits

– – Allstate Insurance's former agents given second chance to pursue claim, case remanded to new judge (3d Cir.), 730
– – Certification of class, uniform employer scheme alone did not make case suitable for collective action under “rigorous analysis” test (6th Cir.), 59
– – Employee stock ownership plans, paint company plan alleged to be prohibited transaction under ERISA, preliminary approval granted for settlement (N.D. Cal.), 134
– – Foamex employees allege fiduciaries breached their duties by liquidating company stock fund, suit certified (E.D. Pa.), 900
– – Junk bonds, Pension Benefit Guaranty Corp. files to intervene in fiduciary breach action (M.D. Ga.), 593
– – Settlements, no appellate jurisdiction over disapproval of specific settlement (9th Cir.), 432
– – State Street Bank approved securities settlement, former employees of Waste Management Holdings can sue for breach of fiduciary duty (D.D.C.), 281
– – Vested retiree benefits, class claiming violations based on unilateral changes certified (N.D. Ohio), 317

– 401(k) plans

See 401(k) PLANS

– Health insurance

See HEALTH INSURANCE

– Insurance

– – Disability benefits, plaintiffs claim company unreasonably delayed payment of, certification denied (2d Cir.), 769
– – Life insurance beneficiaries' bid for certification denied, claims seek primarily monetary relief (D. Mass.), 767

– 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
– – Red flags, pension fund claims manager ignored warnings (E.D. Pa.), 570
– – Unions bring claims against fund manager and auditor (S.D.N.Y.), 369

– Pensions

See PENSIONS

– Securities

– – Bear Stearns litigation consolidated, but securities, derivative, and ERISA claims will proceed as separate actions (S.D.N.Y.), 64
– – Stiefel Laboratories sued for buying back workers' shares without disclosing impending sale of company (S.D. Fla.), 669
– – Telecommunications equipment, members of ERISA class not barred from joining securities fraud claim (N.D. Ill.), 220

– Stock drop claims

– – AIG, claims consolidated (S.D.N.Y.), 283
– – American Express employees allege breach of fiduciary duty over misrepresentations of company's financial health (S.D.N.Y.), 7
– – Avon, inclusion of company stock as investment option is not breach of duty absent long-term, systemic crisis, dismissal recommended (S.D.N.Y.), 225
– – BankAtlantic Bancorp's employee not adequate representative, class certification denied (S.D. Fla.), 727
– – Boston Scientific alleged to have included artificially inflated stock (D. Mass.), 6
– – Citigroup employees' breach of fiduciary claims against company dismissed (S.D.N.Y.), 829
– – Colonial Bank employee files suit against holding company (M.D. Ala.), 805
– – Computer Sciences Corp. employee claims of fiduciary breach dismissed (C.D. Cal.), 692
– – Fifth Third Bancorp, inclusion of stock during merger was not breach, claim dismissed (S.D. Ohio), 238
– – First American, class seeking money damages cannot be certified (C.D. Cal.), 581
– – Ford inclusion of company stock despite risk, employee breach of fiduciary duty claim may proceed (E.D. Mich.), 22
– – Gaming equipment company faces 2 new lawsuits brought by employees (D. Nev.), 940
– – GM employees file claims against State Street Bank for failure to sell shares (E.D. Mich.), 570
– – Huntington Bancshares, retention of stock during subprime crisis did not breach duty (S.D. Ohio), 192
– – Level 3 Communications, claims allege concealment of acquisition integration problems (D. Colo.), 309
– – McGraw-Hill, claims allege management knew of faulty system used by credit ratings subsidiary (S.D.N.Y.), 572
– – Merck, offering artificially inflated stock as investment option, employee class claim may proceed (D.N.J.), 167; motion for judgment on the pleadings denied, 329
– – Merck's motion to dismiss denied, employees allege Vytorin research caused plan losses (D.N.J.), 869
– – Mortgage banking services firm's pension plan, employees may proceed with breach of fiduciary duty claim (W.D. Tenn.), 910
– – Mortgage investment firm must make common stock payment to employees, settlement approved (C.D. Cal.), 874
– – Nortel employees' suit against company, certification recommended (M.D. Tenn.), 808
– – NovaStar Financial, class certified for inclusion of stock during improper mortgage practices (W.D. Mo.), 321
– – Owens Corning stock as option in period leading up to bankruptcy, claims barred by ERISA statute of limitations (N.D. Ohio), 29
– – Radian Group did not breach fiduciary duty by offering company stock as investment option (E.D. Pa.), 692
– – Smurfit-Stone, claims allege fiduciary duty breach for offering stock as company moved towards bankruptcy (N.D. Ill.), 514
– – SunTrust employees file claims re losses over “Alt A” Mortgages (N.D. Ga.), 516; cases consolidated, 822
– – Tellabs, verdict reached that officials did not breach fiduciary duties by retaining stock in plan (N.D. Ill.), 538
– – Textron employee files suit, second class action against company (D.R.I.), 807
– – Tyco employees' suit against company settled for $70.5M (D.N.H.), 785
– – UnitedHealth Group employees allege breach of fiduciary duty re backdated stock options, $17M settlement reached (D. Minn.), 788
– – WaMu employees may proceed with breach of fiduciary duty claim against company (W.D. Wash.), 959

ESOPs

See EMPLOYEE STOCK OWNERSHIP PLANS (ESOPs)

EUROPEAN UNION (EU)

– Antitrust, binding legislation to be proposed for collective redress of damages, 349
– Retaliatory tariffs imposed by U.S. Trade Representative, denial of certification for plaintiff upheld (Ct. Int'l Trade), 905

EVIDENCE

– Age discrimination, trial court must require proof by preponderance of evidence and resolve expert disputes to certify claims (Minn. Ct. App.), 423
– Certification, eBay's request for evidentiary hearing denied, substantial discovery conducted (N.D. Cal.), 862
– Discovery

See DISCOVERY

– IBM sued by former worker for overtime pay, res judicata bars FLSA claims arising prior to judgment in hybrid suit (N.D. Okla.), 967
– Pharmaceuticals, risk of suicide, general causation evidence may be presented (D. Mass.), 481
– Securities, global claims create evidence-gathering challenges, speakers tell conferees, 242
– Spoliation of documents by oil firms, consumers entitled to inference that they were cheated at gas pump, bid for certification granted (S.D. Ga.), 770
– Witnesses

See EXPERT WITNESSES; WITNESSES AND TESTIMONY

EXPERT WITNESSES

– Age discrimination, trial court must require proof by preponderance of evidence and resolve expert disputes to certify claims (Minn. Ct. App.), 423
– Antitrust, concrete buyers file suit against sellers, class certified (S.D. Ind.), 861
– Asbestos contamination, property owners class certification vacated, conflicting expert testimony must be resolved (Colo. Ct. App.), 725
– Chemical release at Du Pont facility, expert fails to show medical causation, verdict affirmed (La. Ct. App.), 131
– Economics, panelists discuss changes in legal landscape post-Twombly, 554
– Health insurance, pretrial settlement remanded for further review of attorneys' fees and cross-examination of expert (N.J. Super. Ct.), 333
– Pineapple purchasers' suit against Del Monte dismissed, expert proof based on improper methodology (S.D.N.Y.), 964
– 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

– – Certification of media company investors denied, expert's report failed to show loss causation (5th Cir.), 766
– – Loss causation, testimony failed to link decline in stock price and exposure of alleged misrepresentations (10th Cir.), 186

– Truck shimmying, engineering expert's report deemed relevant to certification of truck owners (W.D. Pa.), 726; certification denied, 812