Class Action Litigation Report® Index-Summary

LABOR

– Aliens

See ALIENS AND CITIZENSHIP

– Arbitration

See ARBITRATION

– Background checks for contract employees, rehearing denied on injunction against NASA (9th Cir.), 531
– Certification

See CERTIFICATION

– Employee benefits

See EMPLOYEE BENEFITS

– Employment discrimination

See EMPLOYMENT DISCRIMINATION

– FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

– Mass layoffs, seeking financing after WARN Act notice period begins disqualifies failing firm defense (U.S., rev den), 332
– Overtime

See OVERTIME

– Public workers

See GOVERNMENT EMPLOYEES

– Study finds employment claims dominate class action filings in Cal., 396
– Thai workers sue farm labor contractor for allegedly failing to provide promised employment (Cal. Super. Ct.), 895
– Unemployment benefits

– – 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

– Unions

See UNIONS

– Wages

See WAGES

LAWYERS

See ATTORNEYS

LEAD PLAINTIFFS

– Appeal of certification denial not allowed after lead plaintiff voluntarily settled credit card claim (7th Cir.), 811
– ERISA suit, class certification denied, BankAtlantic Bancorp's employee not adequate representative (S.D. Fla.), 727
– Racial discrimination, black males allegedly targeted for DNA testing during rape investigation, certification denied (4th Cir.), 813
– Securities

– – Discovery allowed to determine adequacy of hedge fund to serve as lead plaintiff in case against solar energy company (D.N.M.), 910
– – Institutional investors can use securities class actions to monitor corporate behavior, study finds, 795

– Securities fraud

– – Bondholder's request to be lead plaintiff granted in suit against bank (E.D. Cal.), 866
– – Co-lead plaintiffs, motion to name denied (D. Del.), 591
– – H&R Block suit dismissed, lead plaintiff failed to adequately plead scienter (8th Cir.), 878
– – Investment adviser that lacks standing cannot represent class of its client investment funds (S.D.N.Y.), 679
– – Merger of Bank of America and Merrill Lynch, class representatives named in securities and derivative actions (S.D.N.Y.), 678; public pension funds sue Bank of America for alleged fraudulent concealment of adverse facts from investors (S.D.N.Y.), 896
– – Swedish money manager rejected, union pension fund appointed in suit against American Express (S.D.N.Y.), 823
– – Syntax-Brillian investor class limited, lead plaintiff deemed adequate representative and certification granted (D. Ariz.), 728

LEGISLATION, FEDERAL

– Ed. Note: This heading covers bills with assigned numbers. For information on measures not yet assigned numbers, see specific subject headings.
– House

– – HR 11, Lily Ledbetter Fair Pay Act, House approves, 80
– – HR 12, Paycheck Fairness Act, House approves, 80; recession increases burdens on female workers, DeLauro (D-Conn) tells conferees, 446
– – HR 1346, Medical Device Safety Act, impact of proposed law debated, 503

– Senate

– – S 182, Paycheck Fairness Act, Mikulski (D-Md) anticipates movement on bill, 446
– – S 540, Medical Device Safety Act, impact of proposed law debated, 503
– – S 1551, Liability for Aiding and Abetting Securities Violations Act of 2009, Specter (D-Pa) introduces, 745; Coffee endorses bill, but recommends limiting damages, 881

LIMITATIONS PERIODS

See STATUTES OF LIMITATIONS

LOANS

– Arbitration requirements for consumer loan disputes dropped by Bank of America, 783
– Certification, plaintiffs' preliminary certification motion denied in suit against Bank of America re security deeds (M.D. Ga.), 945
– Home loan document preparer sued by residents, unjust enrichment claim properly certified (Ark.), 901
– Mortgages

See MORTGAGES

– 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
– Securities fraud, integrity of the market presumption created individual reliance issues, certification inappropriate (9th Cir.), 718
– Securities, Network Commerce shareholders' claims reinstated re company's alleged failure to disclose CEO loans (9th Cir.), 912
– Truth in Lending Act

See TRUTH IN LENDING ACT (TILA)

– Usury, mental illness no bar to service as class representative (Ark.), 319

LOUISIANA

– Chemical release at Du Pont facility, failure to show medical causation, defense verdict affirmed (La. Ct. App.), 131
– Exxon chemical plant fire, consolidated actions removed to federal court (5th Cir.), 193
– Faxes, plaintiff sued company for allegedly violating Telephone Consumer Protection Act, certification reversed (La. Ct. App.), 858
– Hurricane Katrina, tort claims against Port of New Orleans dismissed (5th Cir.), 193
– New Orleans Retirement System charges UBS violated securities law to help investors evade federal taxes (S.D.N.Y.), 104
– Vinyl chloride water contamination, certification of class survives challenge by competing class (La. Ct. App.), 470