![]() |
![]() |
![]() |
|
Vol. 10, Nos. 1-20, pp. 1-978 Jan. 9 -- October 23, 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
E-MAIL
Advertisements, claim asserts embedded ads violate ECPA (C.D. Cal.), 513
Toxic waste water, Chevron brings international arbitration claim against Ecuador re class action, 909
See SCHOOLS
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
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
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
Deception claims consolidated, interim class counsel named (N.D. Cal.), 280
Intentional confusion alleged by trademark holders (E.D. Tex.), 463
Defective cover, Amazon.com sued (W.D. Wash.), 670
Deletion of certain book titles, users sue Amazon.com (W.D. Wash.), 764 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
E-mail, claim asserts embedded ads violate ECPA (C.D. Cal.), 513
Telemarketing, statute of limitations begins to run from first transaction under EFTA (6th Cir.), 535
Ed. Note: For a list of selected articles, BNA products, and internet sources, see back page of each issue.
ERISA
See ERISA
See 401(k) PLANS
See HEALTH INSURANCE
See PENSIONS
See RETIREMENT
See SOCIAL SECURITY
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
See WAGES
See ERISA
Paint company plan alleged to be prohibited transaction under ERISA, preliminary approval granted for settlement (N.D. Cal.), 134
See LABOR
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
See ARBITRATION
ADA claims require individualized analysis, class decertified (3d Cir.), 717
Hard-of-hearing workers, claims settled (N.D. Cal.), 597 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 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
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
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 Statute of limitations tolled on denial of certification for inadequate representation, power company employee may intervene as class representative (S.D. Ohio), 226
Global warming, Mississippi property owners affected by Hurricane Katrina may proceed with tort suit (5th Cir.), 947
Toxic releases
See TOXIC TORTS
See WATER POLLUTION
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
See 401(k) PLANS
See HEALTH 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
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
See PENSIONS
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
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
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
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
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
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 Contact the Webmaster at webmaster@bna.com Copyright © The Bureau of National Affairs, Inc. All Rights Reserved. |