Class Action Litigation Report® Index-Summary

ILLINOIS

– Certification, restrictive standard adopted in Avery, Attorney Insight, 654
– Firefighters, settlement achieved in Chicago “race norming” discrimination claims (N.D. Ill.), 285
– Health care, uninsured patients allegedly overcharged, Resurrection hospitals settle claims (Ill. Cir. Ct.), 31; settlement approved, 75
– Home equity lines of credit, Wells Fargo violated law by reducing limits, plaintiffs claim (N.D. Ill.), 759
– Medical billing review systems, plaintiffs claim reimbursements incorrectly calculated, Allstate enters into settlement (Ill. Cir. Ct.), 787
– Mutual funds, variable annuity investors harmed by market timing, claims preempted by SLUSA (4th Cir.), 134
– Navistar Intl. must face claims over alleged systemic accounting fraud, claims against Deloitte & Touche dismissed (N.D. Ill.), 730
– Overtime, forced leave without pay did not affect professional employees' exempt status (Ill. Ct. App.), 493
– PCB class action suit remanded to state court under CAFA's local controversy exception (S.D. Ill.), 781
– Pet food maker employees granted certification on state law overtime claims, complaint also alleges FLSA violations (N.D. Ill.), 814
– Poisonous gas from oil wells, class of property owners certified (S.D. Ill.), 216
– Property tax refunds, plaintiff alleges defendant improperly calculated interest rate, grant of certification affirmed (Ill. App. Ct.), 962

IMMUNITY

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

INDIA

– Arbitration in India not required, Indian national working in U.S. filed claims against U.S. subsidiary (9th Cir.), 731

INDIANA

– Air pollution, parents file claims (Ind. Cir. Ct.), 310
– Antitrust, concrete buyers file suit against sellers, class certified (S.D. Ind.), 861

INSURANCE

– Auto

– – Fraud on the market theory cannot be used to prove reliance without active market (Colo.), 427
– – Local controversy exception to CAFA moves claim back to state (3d Cir.), 325
– – State legislature may prohibit federal class action for state law claim (U.S., rev grant), 430

– Brochure misrepresentations, certification denial overruled in consumer suit (9th Cir.), 816
– Brokerage antitrust claims, class certified, settlement approved (D.N.J.), 217; settlement-only class, standard for certifying clarified (3d Cir.), 852
– COLI, estate of deceased employees do not have standing in claims over proceeds (M.D. Fla.), 522
– Data breach, claims filed for hack of job applicant website (E.D. Pa.), 515
– Director-and-officer liability insurance, high coverage amounts bought by U.K. firms, survey finds, 651
– Disability benefits

See DISABILITY BENEFITS

– Discrimination, claim re pricing of policies using undisclosed factors improperly “reverse preempted” (9th Cir.), 488
– Elderly persons, default judgment ordered for false information and sales of unnecessary products to seniors (W.D. Ark.), 344
– Employee benefits, former Allstate agents given second chance to pursue ERISA claim, case remanded to new judge (3d Cir.), 730
– Health

See HEALTH INSURANCE

– Hurricanes

– – Business interruption, underpayment of claims following hurricanes (Tex. Dist. Ct.), 213
– – Levee districts, settlement approved re Hurricanes Katrina and Rita (E.D. La.), 876
– – Property damage caused by Hurricane Rita, coverage cases consolidated (Tex.), 77

– Imports, domestic food producers bring claims for negligent issue of customs surety bonds and nonpayment (Ct. Intl. Trade), 367
– Life insurance beneficiaries' bid for certification denied, ERISA claims seek primarily monetary relief (D. Mass.), 767
– Madoff fraud, variable universal life insurance policyholders partially settle claims against investment manager and insurance company (S.D.N.Y.), 827
– Madoff investors sue AIG seeking to recover losses via homeowner's insurance policies (S.D.N.Y.), 759
– Monoline insurance, class actions against insurers continue after businesses collapse, 925
– Overtime and minimum wage claims, Northwestern Mutual Life workers file suit (S.D. Cal.), 617
– Sales pitches and expectations vary too much to certify class of insurance purchasers alleging breach and misrepresentation (Cal. Super. Ct.), 374
– Superfund buyout, residents file claims of undervalued property and insufficient insurance reimbursement (Okla. Dist. Ct.), 312
– Tax liability, decertification of class did not relate back, CAFA removal proper (7th Cir.), 423
– Title insurance

– – CAFA, non-statutory attorneys' fees may not be used to calculate amount in controversy (8th Cir.), 271
– – Price fixing claims inadequate, motion to dismiss granted (N.D. Cal.), 541

– Travel insurance, marketing materials found not to contain false information (Cal. Super. Ct.), 390
– Truth in Lending Act, actual damage not shown from failure to comply in credit life insurance policy (U.S., rev den), 281

INTELLECTUAL PROPERTY

– Copyrights

See COPYRIGHTS

– Patents, cellular telephone system standards, end-customer injuries too remote to support standing (S.D. Cal.), 287
– Right of publicity, college athletes sue NCAA for commercial exploitation of their likenesses (N.D. Cal.), 667
– Trademarks

See TRADEMARKS

INTERNATIONAL DEVELOPMENTS

– Antitrust

– – Jurisdiction, foreign conduct not actionable under Sherman Act, CAFA (N.D. Ill.), 62
– – Shipping contracts, stay for class arbitration denied (U.S.), 177; allowing class arbitration where agreement is silent (rev grant), 583; conferees preview Supreme Court action, 651

– 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
– Canada

See CANADA

– China

See CHINA

– Foreign Sovereign Immunities Act, individual officials not immune under Act, torture claims by Somali nationals may proceed (4th Cir.), 78
– Germany

See GERMANY

– Indian national working in U.S. not required to arbitrate claims in India (9th Cir.), 731
– Italy, internet service provider fined for limiting peer-to-peer file transfers without warning customers, 130
– Nigerian plaintiffs may bring claims over nonconsensual human testing of antibiotic (2d Cir.), 140
– Oil-for-Food Programme, Iraqi citizens allege private companies conspired with Saddam Hussein regime, dismissal of suit upheld (2d Cir.), 966
– Papua New Guinea, claim against multinational mining firm by residents, district court must determine whether local remedies must be exhausted (9th Cir.), 63
– Pesticide exposure claims

– – Central American fruit workers may file separate suits to avoid removal under CAFA (C.D. Cal.), 271
– – Nicaraguan banana workers' suits dismissed for witness fraud (Cal. Super. Ct.), 441
– – West African fruit workers may maintain separate suits to avoid removal under CAFA (9th Cir.), 326; (U.S., rev den), 920

– Swedish money manager rejected as lead plaintiff in securities fraud suit against American Express (S.D.N.Y.), 823
– Thai workers sue farm labor contractor for allegedly failing to provide promised employment (Cal. Super. Ct.), 895
– Toxic waste water, Chevron brings international arbitration claim against Ecuador re class action, 909
– United Kingdom firms buying high coverage amounts of liability insurance for directors and officers, survey finds, 651
– U.S. class actions with foreign citizen members, risk to defendants of redundant litigation, Analysis & Perspective, 885
– Venezuelan plane crash, Montreal Convention does not preclude application of forum non conveniens, dismissal of plaintiffs' wrongful death suit affirmed (11th Cir.), 953

INTERNATIONAL TRADE

– Automaker conspiracy to prevent imports of lower-priced cars from Canada, indirect purchaser suit dismissed (D. Me.), 687
– Insurance, domestic food producers bring claims for negligent issue of customs surety bonds and nonpayment (Ct. Intl. Trade), 367
– Misidentification by Treasury Dep't as foreign individual with whom Americans may not do business, voluntarily withdrawal of FCRA claims (N.D. Ill.), 136
– Product liability, Whitehouse (D-RI) announces intent to introduce legislation allowing claims against foreign manufacturers, 552
– Retaliatory tariffs imposed by U.S. Trade Representative, denial of certification for plaintiff upheld (Ct. Int'l Trade), 905
– Securities class suits against foreign firms increased in first half of 2009, report issued, 694
– Wal-Mart has no duty to monitor foreign goods suppliers' compliance with local labor laws (9th Cir.), 686

INTERNET

– Ed. Note: For electronic sales of goods and services, see ELECTRONIC COMMERCE. Electronic mail is covered under E-MAIL. For a list of electronic resources and websites, see back page of each issue.
– Anticybersquatting Consumer Protection Act, fact-specific inquiries make class certification unreasonable (N.D. Ill.), 12
– AOL service agreement designating Va. as forum for disputes violates Cal. public policy (9th Cir.), 120
– Blockbuster's motion to compel arbitration denied, unilateral right to modify renders contract illusory (N.D. Tex.), 389
– Facebook reaches proposed settlement re Beacon marketing system (N.D. Cal.), 918
– Facebook sued for violating users' privacy, engaging in illegal advertising, and misappropriating names and likenesses (Cal. Super. Ct.), 763
– Italy, ISP fined for limiting peer-to-peer file transfers without warning customers, 130
– Social Security number stolen from county website, financial damage not liberty interests protected by due process (U.S., rev den), 70
– YouTube, summary judgment denial moot after voluntary dismissal, appeal denied (9th Cir.), 436

IOWA

– Convenience store managers, settlement reached re wage and hour claims (S.D. Iowa), 498

ISRAEL

– Cigarettes, claims allege menthol boosts addictive properties of nicotine, 463
– Securities, no jurisdiction found where claimant fails to allege U.S. purchase (N.D. Cal.), 596

ITALY

– Airplane crash, Fla. not convenient forum for foreign claimants (11th Cir.), 338