![]() |
![]() |
![]() |
|
Vol. 10, Nos. 1-10, pp. 1-508 Jan. 9 -- May 22, 2009 A | B | C | D | E | F | G | H | I | J | K | L | M | N | O | P | Q | R | S | T | U | V | W | X | Y | Z
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
Arbitration, clickwrap class action waiver in E*Trade agreement not unconscionable under Va. law (C.D. Cal.), 125
Ed. Note: For a list of selected articles, BNA products, and Internet sources, see back page of each issue.
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 Disabled employees, claims over discontinuance of health coverage may proceed (8th Cir.), 386 401(k) plans
See 401(k) PLANS
See PENSIONS
See RETIREMENT
Paint company plan alleged to be prohibited transaction under ERISA, preliminary approval granted for settlement (N.D. Cal.), 134
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 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
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
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
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
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
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
See PENSIONS
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
Antitrust, binding legislation to be proposed for collective redress of damages, 349
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
Securities, global claims create evidence-gathering challenges, speakers tell conferees, 242
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 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |