Class Action Litigation Report® Index-Summary

JAILS

JOB BIAS

JOURNAL

– Ed. Note: A list of upcoming conferences and meetings appears at the end of selected issues.

JUDGES

– Corrective orders directed at attorney misconduct valid even though judge disqualified for probable bias (Cal. Ct. App.), 633
– Recusal for serious risk of actual bias, Special Report on recent Supreme Court decision, 696

JUDGMENTS

– Employer, class certification not barred by offer of judgment (5th Cir.), 10
– IBM sued by former worker for overtime pay, res judicata bars FLSA claims arising prior to judgment in hybrid suit (N.D. Okla.), 967

JURIES

– Credit card purchases, merchant allegedly asked for home telephone numbers, plaintiffs not entitled to jury trial (E.D. Cal.), 914
– Mortgage account executives entitled to jury trial, not required to arbitrate overtime claims (E.D. Pa.), 777

JURISDICTION

– Antitrust

– – Chocolate price-fixing, jurisdiction established over one Canadian company, 3 other Canadian companies dismissed (M.D. Pa.), 775
– – Diamond merchant makes “sufficient start” in showing agency for limited jurisdictional discovery (S.D.N.Y.), 137
– – Foreign conduct not actionable under Sherman Act, CAFA (N.D. Ill.), 62
– – Telephone Consumer Protection Act, certification denied for suit against Afgo Mechanical Services (D.N.J.), 810
– – Transportation price fixing, jurisdiction must be decided before dismissal for failure to state claim (Tenn. Ct. App.), 232

– Class Action Fairness Act

See CLASS ACTION FAIRNESS ACT (CAFA)

– Copyrights, jurisdiction lacking to approve settlement re unregistered works (U.S., rev grant), 228; (oral arg), 949
– Employment benefits, no appellate jurisdiction over disapproval of specific settlement (9th Cir.), 432
– Forum selection

See FORUM SELECTION

– Privacy, postal workers' unjust enrichment claim dismissed, court lacks jurisdiction to review postal regulation (W.D. Wash.), 830
– Product liability

– – Airplane crash, Fla. not convenient forum for foreign claimants (11th Cir.), 338
– – Forum non conveniens, 2 cases sent to Argentina (7th Cir.), 480
– – Medicine tainted by glycerin, Dutch chemical firm lacks sufficient contacts with forum for personal jurisdiction (Fla. Dist. Ct. App.), 689

– Removal jurisdiction

See REMOVAL JURISDICTION

– Securities

– – Foreign-cubed action, district court has subject matter jurisdiction over claims by foreign investors in Canadian company with substantial business presence in U.S. (11th Cir.), 779
– – Foreign-cubed action, Supreme Court solicits brief from Solicitor General (U.S.), 527
– – Global claims raise jurisdictional issues, speakers tell conferees, 242
– – Israel, no jurisdiction found where claimant fails to allege U.S. purchase (N.D. Cal.), 596
– – SLUSA jurisdiction, variable annuity investors' negligence claims dismissed (U.S., rev den), 921