Class Action Litigation Report® Index-Summary

HAWAII

– Banquet servers challenge hotel use of customer service charges, standing question certified to state supreme court (D. Haw.), 590
– Certification denial overruled in suit against insurance company, standard of review for legal issues clarified (9th Cir.), 816

HEALTH CARE

– Antitrust

– – Catheters, hospitals' suit against manufacturer dismissed (E.D. Mo.), 916
– – Nurses' wage depression claims, preliminary settlement approval sought (N.D.N.Y.), 239; second settlement approval request in series of claims (E.D. Mich.), 340
– – Nurses' wage suppression claims against hospitals, certification denied (N.D. Ill.), 902

– Belly fat reducer Relacore, purchasers claim company falsely advertised product's benefits, denial of certification upheld (N.J. Super. Ct. App. Div.), 770
– 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
– Cholesterol misrepresentation claims filed after FDA warning letter to cereal firm (E.D. Cal.), 465; actions consolidated (D.N.J.), 973
– Denture cream claims consolidated (J.P.M.L.), 592
– Diagnostic testing services, improper billing, class of patients with state and federal claims certified (D.N.J.), 165
– Drugs

See PHARMACEUTICALS

– 401(k) plans, Boston Scientific alleged to have included artificially inflated stock (D. Mass.), 6
– HealthSouth fraud, Ernst & Young settlement approved (N.D. Ala.), 340
– Hospitals

See HOSPITALS

– Human tissue and body parts, counsel documents not created in anticipation of litigation, production compelled (D.N.J.), 486
– Insurance

See HEALTH INSURANCE

– Medical billing review systems, plaintiffs claim reimbursements incorrectly calculated, Allstate enters into settlement (Ill. Cir. Ct.), 787
– Medical devices

See MEDICAL DEVICES

– Medical monitoring

See MEDICAL MONITORING

– Medical records

See MEDICAL RECORDS

– Medicare and Medicaid

See MEDICARE AND MEDICAID

– Mental health

See MENTAL HEALTH

– Retirement benefits

See RETIREMENT

– Sanctions may not be imposed on attorneys under Rule 37(c)(1) for discovery misconduct (3d Cir.), 864
– Securities fraud

– – Biotech firm's investor brochure, suit against Canadian stock promoter dismissed (W.D. Wash.), 917
– – Medicare program, claims re false statements may proceed (M.D. Tenn.), 329
– – Study, most claims against biotechnology companies related to accounting or financials, 397
– – Weight management company, plaintiffs' suit against Nutrisystem dismissed, scienter and standing lacking (E.D. Pa.), 874
– – WellCare Health Plans allegedly involved in accounting scheme and regulatory compliance scheme, defendants' motion to dismiss denied (M.D. Fla.), 912

– Sex discrimination, Veterans Affairs female nurse practitioners lack Equal Pay Act claim (Fed. Cl.), 127
– Weight-loss vitamins, state unjust enrichment laws too variable, national class certification denied (E.D. Ark.), 218; plaintiffs' false marketing claims lack cohesiveness, certification denied again, 768

HEALTH INSURANCE

– Autism, coverage denied for therapy deemed experimental, certification denied (E.D. Mich.), 316
– Bundling and downcoding, settlement remanded for further review of attorneys' fees and cross-examination of expert (N.J. Super. Ct.), 333
– Chiropractic and physical therapy claims may proceed against United Healthcare for denial or delay of payment (D. Ariz.), 439
– Disability benefits

See DISABILITY BENEFITS

– Eating disorders, settlement includes expanded coverage and reimbursements for denied claims (D.N.J.), 394
– Medicare and Medicaid

See MEDICARE AND MEDICAID

– Out-of-network providers

– – Aetna and CIGNA underpayment, claims filed (D.N.J.), 159
– – UnitedHealth settles physician claims (S.D.N.Y.), 72

– Ovarian cancer treatment, reversal of reimbursement decision leaves emotional distress claims (Cal. Super. Ct.), 213
– Physician group denied class certification in reimbursement claim against insurers and PPO (C.D. Ill.), 111
– Preferred providers, chiropractor may pursue third-party benefit claim for failure to steer patients to practice (S.D. Ill.), 277
– Retirement benefits

See RETIREMENT

– Retroactive cancellation, company settles claim (Cal. Super. Ct.), 194; settlement approved, 546
– Securities, public statements of executives re pricing activities not actionable (E.D. Pa.), 599
– Underfunding of ERISA plan, trustee not liable for fiduciary breach (10th Cir.), 684
– Uninsured patients allegedly overcharged, Resurrection hospitals settle claims (Ill. Cir. Ct.), 31; settlement approved, 75

HEDGE FUNDS

– Holland & Knight, investors seek certification of negligent preparation claims (M.D. Fla.), 729
– Lead plaintiff, discovery allowed in case against solar energy company to determine adequacy of hedge fund to serve as (D.N.M.), 910
– Manager accused by investors of concealing soaring redemptions (N.D. Tex.), 621

HOSPITALS

– Antitrust

– Medicare outlier reimbursements, hospital alleges Tenet inflated claims, RICO claims dismissed and certification denied (11th Cir.), 853
– Retroactive cancellation of health insurance, company settles claim (Cal. Super. Ct.), 194; settlement approved, 546
– Uninsured patients allegedly overcharged

– – Certification denied (Ala.), 853
– – Resurrection hospitals settle claims (Ill. Cir. Ct.), 31; settlement approved, 75

HOTELS

– Banquet servers challenge hotel use of customer service charges, standing question certified to state supreme court (D. Haw.), 590
– Online travel companies

See ELECTRONIC COMMERCE

HOUSING

– Home loan document preparer sued by residents, unjust enrichment claim properly certified (Ark.), 901
– Window manufacturer sued for alleged leaking, certification granted (E.D. Cal.), 859

HURRICANES

See NATURAL DISASTERS