Class Action Litigation Report® Index-Summary

FACTA

See FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

FAIR AND ACCURATE CREDIT TRANSACTIONS ACT (FACTA)

– Damages provision of Act is neither unconstitutionally vague nor excessive (11th Cir.), 482
– Receipts, consumer class certified in suit against restaurant for printing full credit card numbers (N.D. Ill.), 863

FAIR CREDIT REPORTING ACT (FCRA)

– Antitrust, plaintiff's suit against credit bureaus re mortgage “trigger leads” dismissed (2d Cir.), 971
– Certification granted to consumers alleging Equifax falsely represented direct contact with original source of public records re disputes (D.N.J.), 943
– Misidentification by Treasury Dep't as foreign individual with whom Americans may not do business, voluntary withdrawal of claim due to lack of injury (N.D. Ill.), 136

FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

– Bad checks, debt collectors barred from seeking prejudgment interest when recovering service charges (Cal.), 733
– Decertification of debtors' suit against Med-1 Solutions, class notice postponed until after defendant's summary judgment motion granted (S.D. Ind.), 943
– Dunning letter, survey offered to prove misleading statement excluded, summary judgment and dismissal reversed (7th Cir.), 279
– National Arbitration Forum sued, consumers allegedly misled about relationship with debt collection agency (C.D. Cal.), 850

FAIR LABOR STANDARDS ACT (FLSA)

– Airport security screeners' overtime suit preempted by Aviation and Transportation Security Act, TSA's motion to dismiss granted (Fed. Cl.), 870
– Amount in controversy, employer estimate in unpaid overtime dispute insufficient for removal under Act (4th Cir.), 125
– Bus drivers covered by motor carrier exemption, overtime suit dismissed (11th Cir.), 741
– Call center employees, FLSA and state law claims settled (D. Kan.), 132
– Class certification

– – Banking employee, state claims not barred by dismissal of national class action (N.D. Ga.), 19
– – Beef processing, workers may proceed with FLSA, state wage and hour claims (D. Kan.), 164
– – Cell phone sales, offer of judgment by employer does not bar collective action (5th Cir.), 10
– – Energy company employees, claim conditionally certified under FLSA, not Federal Rule 23 (S.D. Cal.), 114
– – Farm workers, collective action by Mexican laborers conditionally certified (E.D. Cal.), 168
– – FedEx drivers granted class status in 8 states, denied in 4 states (N.D. Ind.), 719
– – FedEx hourly workers' breach of contract claims, denial of certification upheld (11th Cir.), 719
– – Overtime pay awarded to store managers, collective action challenged by Family Dollar Stores (U.S., rev den), 923
– – Pet food maker employees granted certification on state law overtime claims, complaint also alleges FLSA violations (N.D. Ill.), 814
– – T-Mobile employees who accepted offer of judgment have no standing to appeal denial of certification (9th Cir.), 575

– Convenience store managers

– – Overtime violations, suit filed against company (N.D. Cal.), 714
– – Settlement reached re wage and hour claims (S.D. Iowa), 498

– Duane Reade drug chain settles claims re worker classification, overtime violations (S.D.N.Y.), 74
– Financial services firm to pay $2.8M in back wages and overtime to employees (E.D. Pa.), 742
– Greeting cards, preliminary approval granted for Hallmark settlement with employees (C.D. Cal.), 542
– Human trafficking, immigration status irrelevant for wage claims (E.D. La.), 380
– IBM sued by former worker for overtime pay, res judicata bars FLSA claims arising prior to judgment in hybrid suit (N.D. Okla.), 967
– Insurance workers sue Northwestern Mutual Life for overtime and minimum wage payments (S.D. Cal.), 617
– Landscapers, claims for delayed wages, threats, and retaliatory termination may proceed (C.D. Cal.), 378
– Mortgage account executives entitled to jury trial, not required to arbitrate overtime claims (E.D. Pa.), 777
– Preliminary injunction granted against nightclub, exotic dancers must be reinstated (N.D. Ga.), 821
– Reality TV show employees, claims settled by networks (Cal. Super. Ct.), 132
– Solicitation of clients via telephone, sanctions against law firm affirmed (11th Cir.), 825
– Tips, pooling requirements

– – Casino dealers challenge mandatory sharing of tips with supervisors (D. Nev.), 668
– – Nightclub dancer may proceed with class action wage claims (E.D. Mich.), 778
– – Restaurant workers seek approval of settlement (S.D.N.Y.), 195

– UPS account managers file suit re overtime violations (S.D. Cal.), 761
– Wal-Mart Stores settles 63 wage and hour suits (D. Nev.), 26; settlement approved, 543

FALSE ADVERTISING

– Belly fat reducer Relacore, purchasers claim company falsely advertised product's benefits, denial of certification upheld (N.J. Super. Ct. App. Div.), 770
– Cell phones, unfair competition claim sufficiently alleged against AT&T, dismissal of legal remedies claim reversed, false advertising claim properly dismissed (Cal. Ct. App.), 906
– Cigarettes

– – Light cigarettes, plaintiffs file suit alleging manufacturers manipulated design (D. Kan.), 715; (E.D. Tex.), 715
– – Light cigarettes, state claims not preempted (Mass.), 274
– – Standing and reliance requirements apply only to class representatives (Cal.), 469

– Facebook sued for violating users' privacy, engaging in illegal advertising, and misappropriating names and likenesses (Cal. Super. Ct.), 763
– Fruit Juice Snacks, alleged misrepresentation of nutritional value (D. Mass.), 101
– Gift card holder's unjust enrichment and unfair competition claims allowed, McDonald's motion to dismiss false advertising claim granted (S.D. Cal.), 913
– Granola bars, consumer suit against General Mills dismissed (S.D. Cal.), 963
– HDTV subscribers sue DIRECTV for allegedly false advertising, denial of certification affirmed (Cal. Ct. App.), 899
– Heartburn drug claims remanded for reconsideration (3d Cir.), 439
– Insurance brochures, certification denial overruled in consumer suit (9th Cir.), 816
– iPhones

– – MMS messages and data tethering, Apple and AT&T sued over alleged deceptive marketing of new models (N.D. Cal.), 849
– – MMS messages, Apple and AT&T oversold messaging capability of new models (N.D. Ohio), 806

– Online paid rewards program not deceptive, consumers' claims dismissed (S.D. Tex.), 880
– Oral contraceptive Yaz, class representatives lack standing, suit dismissed (E.D. Cal.), 688
– Pasta sauce advertisement of “all natural” ingredients, claim not preempted (N.D. Cal.), 181
– Pet food, reliance on “Made in USA” label only one factor of many in consumer choice, class not certified (D. Nev.), 266
– Salmon sold by grocery stores not labeled as artificially colored, state law claims not preempted (U.S., rev den), 64
– Veggie burger mislabeling, Dr. Praeger's Sensible Foods denied leave to file decertification and summary judgment motions (D.N.J.), 811
– Weight-loss vitamins, national class certification denied but state-only class possible (E.D. Ark.), 218; plaintiffs' false marketing claims lack cohesiveness, certification denied again, 768
– Yogurt maker sued for allegedly false advertising claims, settlement reached (N.D. Ohio), 916

FCRA

See FAIR CREDIT REPORTING ACT (FCRA)

FDCPA

See FAIR DEBT COLLECTION PRACTICES ACT (FDCPA)

FEDERAL PREEMPTION

See PREEMPTION

FEES

– Alien registration for Temporary Protected Status, class certified to seek injunctive relief from excessive fees (N.D. Cal.), 674
– Attorneys

See ATTORNEYS' FEES

– Bad checks, debt collectors barred from seeking prejudgment interest when recovering service charges (Cal.), 733
– Notary fees, questions certified to state court re law's application to corporations and availability of private causes of action and penalties (11th Cir.), 909
– Notification of class, defendant ordered to pay costs since only party able to, due process concerns expressed by Supreme Court Justices (U.S., rev den), 949
– Oil and gas well operator sued for allegedly improper billing and fees, certification and settlement upheld (Okla.), 856
– Overdraft fees allegedly excessive, restaurant business sues banks (S.D. Tex.), 941

FIDUCIARY DUTY

– ERISA

See ERISA

– 401(k) plans

See 401(k) PLANS

– Health plan trustee not liable for underfunding of employee plan (10th Cir.), 684
– Pensions

See PENSIONS

FINANCIAL INSTITUTIONS

See BANKING

FISA

See FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA)

FLORIDA

– Cell phone sales commission charge-backs, class decertified on appeal for multiple failures of analysis (11th Cir.), 314
– Credit cards, data breach claim against in-state corporation by state citizens falls under CAFA exception (1st Cir.), 430
– Employment benefits

– – BankAtlantic Bancorp's employee not adequate representative, class certification of ERISA suit denied (S.D. Fla.), 727
– – Life insurance, estate of deceased employees do not have standing in claims over COLI proceeds (M.D. Fla.), 522

– Product liability

– – Drywall manufactured in China with sulfur, maker sued by homeowners (M.D. Fla.), builders (Fla. Cir. Ct.), 108; claims consolidated in multidistrict action (J.P.M.L.), 592
– – Ethanol blended gasoline, claim by boat owners that oil company failed to warn of damage to engines not preempted (S.D. Fla.), 122
– – Medicine tainted by glycerin, Dutch chemical firm lacks sufficient contacts with state for personal jurisdiction (Fla. Dist. Ct. App.), 689

FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

FOOD

See also AGRICULTURE; BEVERAGES
– Antitrust

– – Jurisdiction established over one Canadian chocolate company, 3 other Canadian chocolate companies dismissed (M.D. Pa.), 775
– – Pineapple purchasers' suit against Del Monte dismissed, expert proof based on improper methodology (S.D.N.Y.), 964
– – Removal to federal court, CAFA jurisdictional amount must be proven by preponderance of evidence in chocolate case (8th Cir.), 223
– – Tomato products, interim co-lead counsel appointed in price-fixing claims (E.D. Cal.), 333

– Cereal, misrepresentation claims filed after FDA warning letter re effects on cholesterol (E.D. Cal.), 465; actions consolidated (D.N.J.), 973
– Fruit Juice Snacks, alleged consumer deception re nutritional value (D. Mass.), 101
– Gift card holder's unjust enrichment and unfair competition claims allowed, McDonald's motion to dismiss false advertising claim granted (S.D. Cal.), 913
– Granola bars, consumer suit against General Mills for allegedly false advertising dismissed (S.D. Cal.), 963
– Grocery stores

See GROCERY STORES

– Insurance, domestic food producers bring claims for negligent issue of customs surety bonds and nonpayment (Ct. Intl. Trade), 367
– Labor

– – Beef processing, workers certified to proceed with FLSA, state wage and hour claims (D. Kan.), 164
– – Employee benefits, concealment of financial information to inflate poultry producer stock, alleged breach of fiduciary duty (E.D. Tex.), 56
– – Minimum wage plant workers must be compensated by Del Monte for uniform changes (Or. Cir. Ct.), 971
– – Pizza delivery drivers' minimum wage claims, class arbitration waiver unenforceable (Cal. Ct. App.), 278
– – Processing plant workers, claims of wage depression by hiring illegal workers, class certified (E.D. Cal.), 518

– Oil-for-Food Programme, Iraqi citizens allege private companies conspired with Saddam Hussein regime, dismissal of suit upheld (2d Cir.), 966
– Pasta sauce advertisement of “all natural” ingredients, claim not preempted (N.D. Cal.), 181
– Pet food maker employees granted certification on state law overtime claims, complaint also alleges FLSA violations (N.D. Ill.), 814
– Restaurants

See RESTAURANTS

– Seafood processors' attempts to get larger share of Exxon Valdez awards denied (9th Cir.), 737; (U.S., rev den), 922
– Veggie burger mislabeling, Dr. Praeger's Sensible Foods denied leave to file decertification and summary judgment motions (D.N.J.), 811
– Weight management company, plaintiffs' suit against Nutrisystem dismissed, scienter and standing lacking (E.D. Pa.), 874
– Yogurt maker sued for allegedly false advertising claims, settlement reached (N.D. Ohio), 916

FOREIGN AFFAIRS

See INTERNATIONAL DEVELOPMENTS

FOREIGN INTELLIGENCE SURVEILLANCE ACT (FISA)

– Immunity, claims against telecommunications companies cooperating with government investigations dismissed (N.D. Cal.), 540

FOREIGN SOVEREIGN IMMUNITIES ACT (FSIA)

– Individual officials not immune under Act, torture claims by Somalis may proceed (4th Cir.), 78

FORUM SELECTION

– AOL clause designating Va. as forum for disputes violates Cal. public policy (9th Cir.), 120
– Blood factor concentrates, Taiwanese contamination claims may proceed in Cal. (N.D. Ill.), 68; claims time-barred in both Taiwan and Cal., 377; contract claim dismissed, 739
– Brazilian plane crash case dismissed based on forum non conveniens (S.D. Fla.), 877
– eBay click-to-agree binding on users and user affiliates (E.D.N.Y.), 589
– Smokeless tobacco, clause in settlement not binding on counsel making self-serving changes (4th Cir.), 585
– Tires, product liability suit sent to Mexico, MDL court's denial of forum non conveniens motion reversed (5th Cir.), 782
– Venezuelan plane crash, Montreal Convention does not preclude application of forum non conveniens, dismissal of plaintiffs' wrongful death suit affirmed (11th Cir.), 953

401(k) PLANS

– Cashed-out employees

– – Bank, former employee who cashed out of plan lacks standing (D. Minn.), 282
– – Money-transfer company, former employee with colorable claim to benefits has standing (D. Minn.), 329

– Countrywide employees offered company stock as retirement plan investment option, Bank of America agrees to $55M settlement (C.D. Cal.), 743
– Ease of certification in fee claims is major development, speaker tells conferees, 293
– ERISA cases consolidated, court to determine whether LaRue decision has effect on certification (7th Cir.), 765
– ERISA class actions growing in size and complexity, attorneys discuss certification issues, 883
– Fees and failure of proper administration, class of Lockheed Martin employees certified (S.D. Ill.), 320
– Frozen assets, individual showings required to prove harm, class not certified (M.D. La.), 580
– Mortgage-backed securities, State Street Bank and ERISA pension plans seek approval of $90M settlement (S.D.N.Y.), 879
– Plan sponsors, claims against investment advisers, Special Report, 244
– Regions Bank and Morgan Keegan, 401(k) participants file suit alleging breach of fiduciary duties (M.D. Ala.), 761
– Revenue-sharing between plan provider and affiliated company, no duty to disclose to participants, claims dismissed (7th Cir.), 188
– Stock drop claims

See ERISA

FRAUD

– Attorneys

– – Fen-phen suit, lawyers found guilty of defrauding clients (E.D. Ky.), 343; jury award affirmed, 594; attorneys sentenced to prison, ordered to pay restitution, 787
– – LexisNexis sued for overcharging flat-rate subscribers, attorney asserts breach of contract and fraud claims (N.D. Cal.), 711

– Cell phones, unfair competition claim sufficiently alleged against AT&T, dismissal of legal remedies claim reversed, false advertising claim properly dismissed (Cal. Ct. App.), 906
– CFAA

See COMPUTER FRAUD AND ABUSE ACT (CFAA)

– Drugmaker sued for alleged off-label marketing, health and welfare benefit funds' suit dismissed (D.N.J.), 966
– Fuel, consumers allegedly shortchanged at pumps, bid for certification granted (S.D. Ga.), 770
– Home equity lines of credit, Wells Fargo violated law by reducing limits, plaintiffs claim (N.D. Ill.), 759
– Investment banks' cash sweep programs, suit dismissed (S.D.N.Y.), 744
– PricewaterhouseCoopers' audits allegedly concealed Doral Financial's fraudulent mortgage transactions, investors' claims dismissed (2d Cir.), 832
– PSLRA's pleading standard, trustees' lawsuit re Parmalat collapse dismissed (U.S., rev den), 921
– Restaurants

– – Franchisee claims against Quiznos may proceed to trial (W.D. Pa.), 635
– – Sodium, Denny's customer files suit alleging menu items contain high amounts (N.J. Super. Ct.), 711

– Securities

See MADOFF FRAUD; SECURITIES FRAUD

– Settlement, opt-out procedure acceptable even though plaintiffs failing to opt out incur financial obligation to defendants (N.D. Ill.), 867
– Window manufacturer sued for alleged leaking, certification granted (E.D. Cal.), 859

FREEDOM OF RELIGION

– Employer sued for not accommodating, inconsistency of beliefs re timing of Muslim prayers fails to satisfy commonality, class certification denied (D. Minn.), 577

FREEDOM OF SPEECH

– Age discrimination, filing job bias claim with EEOC does not establish prima facie First Amendment retaliation claim (5th Cir.), 183

FSIA

See FOREIGN SOVEREIGN IMMUNITIES ACT (FSIA)