Class Action Litigation Report® Index-Summary

MADOFF FRAUD

– Ancillary claims

– – Auditing firms, claims expected against big four, panelists say, 38
– – Fiduciary breach cases likely to go on for years, attorneys say, 448

– Benefit funds

– – Austin Capital sued for fiduciary breach for investing pension fund assets in funds managed by Madoff (E.D. Pa.), 158; unions file suit (S.D.N.Y.), 369; red flags ignored, union suit alleges (E.D. Pa.), 570; another ERISA suit filed (E.D. Pa.), 619
– – Buffalo laborers' funds file ERISA suit against J.P. Jeanneret and Ivy Asset (S.D.N.Y.), 939
– – ERISA, multiemployer funds file claims for selecting Madoff-related investments (W.D.N.Y.), 368
– – Feeder fund, union pension fund files ERISA claims for due diligence failures (S.D. Tex.), 419

– Fund of funds

– – Banking subsidiary settlement offer rejected by investors (S.D. Fla.), 106
– – Claim against auditors for reliance on false account statements (Conn. Super. Ct.), 106

– Homeowner's insurance policies, Madoff investors sue AIG to recover losses (S.D.N.Y.), 759
– Indirect investments with Madoff, lawsuit filings continue to mount (N.Y. Sup. Ct., S.D.N.Y.), 5
– Study says Ponzi schemes and credit crisis lead to increased securities class action litigation filings, 747
– Variable universal life insurance policyholders partially settle claims against investment manager and insurance company (S.D.N.Y.), 827

MAGAZINES

See NEWSPAPERS AND MAGAZINES

MAGNUSON-MOSS WARRANTY ACT

See WARRANTIES

MAINE

– Antitrust, circular thermostat suit against Honeywell Int'l dismissed (Me.), 742

MARITIME LAW

– 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

MARYLAND

– Regions Morgan Keegan fund losses, investors' suit precluded by SLUSA, dismissed with prejudice (W.D. Tenn.), 963

MASSACHUSETTS

– Arbitration clause in Dell computer sales contract waiving purchaser class actions unenforceable (Mass.), 683
– Nutritional value, alleged deception of consumers over Fruit Juice Snacks (D. Mass.), 101
– Smokers' individual medical monitoring claims deemed viable, no ruling on certification (Mass. Sup. Jud. Ct.), 951
– Subprime mortgages, preliminary injunction against foreclosures upheld (Mass.), 35
– Turnpike tolls, claim alleges diversion of revenues amounts to illegal tax (Mass. Super. Ct.), 515

MDL

See MULTIDISTRICT LITIGATION (MDL)

MEDIA

– Notice to class members, impact of changing communications patterns, Analysis and Perspective, 702
– Print publications

See NEWSPAPERS AND MAGAZINES

– Television

See TELEVISION

MEDICAL DEVICES

– Catheters, hospitals' antitrust suit against manufacturer dismissed (E.D. Mo.), 916
– Disposable hypodermic products, antitrust claims, proposed settlement reached (D.N.J.), 443; health care plaintiffs object to settlement, 484
– Eye surgery laser

– – Certification properly denied to patients (Cal. Ct. App.), 115
– – Food, Drug, and Cosmetic Act, plaintiffs may not privately enforce via state claims, defendants' motion to dismiss granted (S.D. Cal.), 871

– Product liability

– – Guidant defibrillator products, common benefit attorney fee allocations made by court (D. Minn.), 32
– – Medtronic's cardiac defibrillator leads, claims preempted, post-dismissal leave to amend denied (D. Minn.), 500
– – Medtronic's implantable defibrillator devices, MDL dissolved (D. Minn.), 31
– – Premarket approval, removal of preemption of state tort suits

See LEGISLATION, FEDERAL, HR 1346, S 540

– – Silzone heart valves, patients class denied certification (D. Minn.), 625

– Securities fraud

– – Stents, concealment of manufacturing defect, shareholder class certified (D. Mass.), 268
– – Surgical cutting devices, investor who sold shares at loss before price drop need not show loss causation for claims against medical device firm and executives (S.D.N.Y.), 126

MEDICAL MONITORING

– Diet products, claims filed after FDA warning of liver problems (D. Mass.)(N.D. Ala.), 466; actions consolidated (S.D. Cal.), 973
– Poisonous gas from oil wells, certification denied for medical monitoring claims (S.D. Ill.), 216
– Smokers' individual medical monitoring claims deemed viable, no ruling on certification (Mass. Sup. Jud. Ct.), 951
– Teflon-related chemical contamination of water, certification denied for medical monitoring claims (D.N.J.), 15
– Teflon-related chemical contamination of water, residents' nuisance claims against Du Pont plant certified (D.N.J.), 945

MEDICAL RECORDS

– Data security, federal standard of care may become benchmark, 292
– National health information system provisions in Economic Stimulus Act violate patients' privacy, suit alleges (S.D.N.Y.), 620

MEDICARE AND MEDICAID

– Delay of Medicare benefit notices challenged (E.D. Pa.), 420
– Drugs' average wholesale price allegedly overstated by company, lower court dismissed claims, ruling vacated (1st Cir.), 907
– Emergency room physicians file claims over Medicaid reimbursement program (Cal. Super. Ct.), 106
– Mentally retarded patients may pursue Medicaid claims re denial of services and delayed eligibility determinations (M.D. Ala.), 484
– Nursing homes, re-basing of Medicaid rates each year not required, summary judgment granted to state (Okla. Dist. Ct.), 497
– Securities fraud claims against health care firms for false statements about Medicare program may proceed (M.D. Tenn.), 329
– WellCare Health Plans allegedly involved in accounting scheme and regulatory compliance scheme, defendants' motion to dismiss denied (M.D. Fla.), 912

MEETINGS

See CONFERENCES AND MEETINGS

MENTAL HEALTH

– Anti-psychotic drug, review of RICO class certification (2d Cir.), 109
– Attorneys, bar exam application questions on medical history, ADA suit filed (S.D. Ind.), 668

MERGERS AND ACQUISITIONS

– Bank of America and Merrill Lynch merger, lead plaintiffs 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
– Merrill Lynch named as defendant in several suits this year despite acquisition by Bank of America, 833
– Rental firm acquisition, fraud claims dismissed (D. Conn.), 291
– Telecommunications carrier, employee stock drop claims allege concealment of acquisition integration problems (D. Colo.), 309
– Wrigley acquisition by Mars, opt-out bar in class settlement approved (Del. Ch.), 135

METALS

– Notice to absent class members of class determination and partial settlement sufficient in scrap metal claim (U.S., rev den), 331
– Retirees of AK Steel file claims over unilateral reductions in benefits (S.D. Ohio), 573

MICHIGAN

– Arbitration clause in computer sales agreement enforceable under state law (E.D. Mich.), 66
– Dioxin contamination, certification of property owners remanded, trial judge failed to make adequate factual determination (Mich.), 726
– Employment discrimination, nonpromotion of minority male state workers, class decertified (Mich. Ct. App.), 626
– Mouthwash, consumer files suit alleging teeth stained (E.D. Mich.), 716
– Nurses, antitrust wage claim, preliminary settlement approval sought for Detroit hospital group (E.D. Mich.), 340
– Retirement, city employees file claims over bad investment choices (Mich. Cir. Ct.), 421

MILITARY SERVICE

See ARMED SERVICES

MINIMUM WAGE

– Del Monte plant workers must be compensated for uniform changes (Or. Cir. Ct.), 971
– FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

– Pet food maker employees granted certification on state law overtime claims, complaint also alleges FLSA violations (N.D. Ill.), 814
– Pizza delivery drivers, class arbitration waiver unenforceable (Cal. Ct. App.), 278
– Pre- and post-shift work, shipper did not violate state law by failing to pay couriers (M.D. Pa.), 27

MINING

– Alien Tort Statute, claim against multinational mining firm by Papua New Guinea residents, district court must determine whether local remedies must be exhausted (9th Cir.), 63

MINNESOTA

– Age discrimination, trial court must require proof by preponderance of evidence and resolve expert disputes to certify claims (Minn. Ct. App.), 423
– Computer Fraud and Abuse Act, losses can be aggregated by multiple users on multiple computers to meet damages threshold (D. Minn.), 731
– Home Affordable Modification Program, group files suit alleging due process violations (D.C. Minn.), 713
– Newspapers, settlement approved in Star Tribune sexual harassment claim (D. Minn.), 339
– Political Contribution Refund program eliminated, Green Party contributor files suit alleging governor violated state law (Minn. Dist. Ct.), 712
– Securities, arbitration required for investor class claims against Ameriprise despite FINRA prohibition (D. Minn.), 865
– Wal-Mart Stores to pay up to $54M in off-the-clock suit (Minn. Dist. Ct.), 544

MISSISSIPPI

– Global warming, Mississippi property owners affected by Hurricane Katrina may proceed with tort suit (5th Cir.), 947
– Securities fraud, public pension fund claim against Goldman Sachs over mortgage pass-through certificates (S.D.N.Y.), 157

MISSOURI

– Arbitration, Chevy Chase Bank's motion to compel granted, class action waiver clause deemed enforceable in consumer suit (8th Cir.), 956

MONOPOLIZATION

– AIDS drug, price leveraging claims against maker dismissed (9th Cir.), 688; $10M settlement with Abbott Laboratories signed by judge (N.D. Cal.), 744
– Circular thermostats, suit against Honeywell Int'l dismissed (Me.), 742
– Google Book Search, notification to copyright holders in settlement of digitization claims begins (S.D.N.Y.), 190; National Writers Union opposes proposed settlement, 789; antitrust, privacy concerns raised in amicus briefs, 824; DOJ files amicus brief, 876
– Neonatal heart drugs maker sued by hospital (D. Minn.), 572

MONTANA

– Property owners sue power company, certification reversed (Mont.), 854

MORTGAGES

– Antitrust, plaintiff's suit against credit bureaus re mortgage “trigger leads” dismissed (2d Cir.), 971
– Banking

– – Attorneys' fees, lender may demand borrower pay fees to stop pending foreclosure (Ohio), 184
– – ERISA stock drop claims, SunTrust employees file claims re losses over “Alt A” Mortgages (N.D. Ga.), 516; cases consolidated, 822
– – Home Affordable Modification Program, group files suit alleging due process violations (D.C. Minn.), 713
– – Mortgage-backed securities, State Street Bank and ERISA pension plans seek approval of $90M settlement (S.D.N.Y.), 879

– Labor

– – Jury trial, former mortgage account executives entitled to, not required to arbitrate overtime claims (E.D. Pa.), 777
– – Overtime claims of Wells Fargo mortgage consultants, class decertified (9th Cir.), 671

– Payment-option adjustable-rate mortgages, plaintiff alleging deception not suitable representative, class certification denied (N.D. Cal.), 114
– Securities fraud

– – Goldman Sachs, misrepresentations about mortgage pass-through certificates alleged in pension fund claim (S.D.N.Y.), 157
– – Insider trading, claims against Countrywide executives with unmodified 10b5-1 plans dismissed (C.D. Cal.), 382
– – PricewaterhouseCoopers' audits allegedly concealed Doral Financial's fraudulent mortgage transactions, investors' claims dismissed (2d Cir.), 832
– – Washington Mutual, pleading sent back for structural deficiencies and incoherence (W.D. Wash.), 534

– Subprime mortgages

– – Bank of America faces employee “stock drop” claim for retaining own stock in 401k plan despite subprime losses (S.D.N.Y.), 101
– – Citigroup employees' ERISA claims against company dismissed (S.D.N.Y.), 829
– – Colonial Bank employee files suit against holding company (M.D. Ala.), 805
– – Countrywide employees offered company stock as retirement plan investment option, Bank of America agrees to $55M settlement (C.D. Cal.), 743
– – Crisis fuels 2008 surge in filing of class actions, 37; SEC enforcement to be reshaped in response, 38
– – First Horizon pension plan, employees may proceed with breach of fiduciary duty claim (W.D. Tenn.), 910
– – Huntington Bancshares, retention of stock in retirement plan during crisis did not breach duty (S.D. Ohio), 192
– – Impac Mortgage Holdings must make common stock payment to employees, stock drop settlement approved (C.D. Cal.), 874
– – Loss causation may be resolved at certification stage of securities fraud litigation, Analysis & Perspective, 927
– – Merrill Lynch, losses due to subprime assets, employee and investor claims settled (S.D.N.Y.), 76; preliminary approval given to $150M settlement, 786
– – Pension fund charges firms investing in Wells Fargo certificates violated securities law (S.D.N.Y.), 104
– – Preliminary injunction against foreclosures upheld (Mass.), 35
– – Securities fraud claims face high pleading, safe harbor, and loss causation bars, Analysis & Perspective, 249
– – WaMu employees may proceed with breach of fiduciary duty claim against company re stock drop (W.D. Wash.), 959

MOTOR CARRIERS

– Age bias, older FedEx couriers allegedly subjected to, claims dismissed (S.D.N.Y.), 743
– Arbitration, class action waiver unenforceable in pizza delivery drivers' minimum wage dispute (Cal. Ct. App.), 278
– Disability discrimination

– – Hard-of-hearing UPS workers' claims settled (N.D. Cal.), 597
– – UPS employees' ADA claims require individualized analysis, class decertified (3d Cir.), 717

– Fuel pump-rigging cases

– – Consumers allegedly shortchanged at pumps, bid for certification granted (S.D. Ga.), 770
– – Fuel wholesalers, gas pumps delivered less fuel than registered, pending class actions consolidated (Tex.), 182

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

– – Bus drivers covered by FLSA exemption, suit dismissed (11th Cir.), 741
– – FedEx delivery drivers found to be independent contractors, shipper not required to pay overtime (Wash. Super. Ct.), 342
– – Garbage truck drivers, arbitration agreement waiving class arbitration and barring civil penalties on behalf of others found unconscionable (Cal. Ct. App.), 275
– – Solicitation of clients via telephone, sanctions against law firm affirmed (11th Cir.), 825
– – UPS account managers file suit re overtime violations (S.D. Cal.), 761

– Racial discrimination, black truck drivers may proceed with claims against Wal-Mart, summary judgment denied (E.D. Ark.), 121; settlement announced, 189; settlement approved, 693
– Wage and hour claims

– – Certification denials, interlocutory review no longer allowed in cases involving small amounts for class members (Ariz.), 815
– – FedEx delivery drivers, 5 subclasses certified (N.D. Cal.), 425
– – FedEx delivery 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

MOTOR VEHICLES

– Antitrust conspiracy to prevent imports of lower-priced cars from Canada, indirect purchaser suit dismissed (D. Me.), 687
– Arbitration requirements for consumer loan disputes dropped by Bank of America, 783
– Auto insurance

See INSURANCE

– Emergency response systems, no review of purchaser class certification (3d Cir.), 525
– 401(k) plans

– – Ford inclusion of company stock despite risk, employee breach of fiduciary duty claim may proceed (E.D. Mich.), 22
– – GM employees file claims against State Street Bank for failure to sell shares (E.D. Mich.), 570

– Fuel pump-rigging cases

– Labor unions, accessing auto records for organizing campaign was violation of Driver's Privacy Protection Act (U.S., rev den), 282
– Product liability

– – ABS brakes, multistate class not certified, CAFA jurisdiction does not continue (N.D. Ill.), 371
– – Accelerator pedals, class recertified (Okla.), 375
– – All-terrain vehicles, Yamaha personal injury claims consolidated (J.P.M.L.), 197
– – Braking system, Acura owners class certified (C.D. Cal.), 16
– – Parking brakes, GM vehicle owners class certified (U.S., rev den), 61
– – Seat belts, testing for compliance with federal standard not needed (Cal. Super. Ct.), 137
– – Shimmying, engineering expert's report deemed relevant to certification of truck owners (W.D. Pa.), 726; certification denied, 812
– – Tires, claims of premature tread wear and failure to honor warranty settled (D.N.J.), 288
– – Tires, suit sent to Mexico, MDL court's denial of forum non conveniens motion reversed (5th Cir.), 782
– – Transmission, General Motors settles claim re defective design (E.D. Cal.), 442

– Rebates, GM allegedly discriminated against consumers financing purchases, certification denied (Quebec C.A.), 855
– Retirees file claim against BorgWarner over reduction in benefits (E.D. Mich.), 261; certification granted, 814
– TILA damages, auto finance and banking groups argue reliance is required to recover for nondisclosure (3d Cir.), 478
– Toxic torts, contamination claims against part-making plant may continue during superfund activities (S.D. Ohio), 437
– Used car buyers lack standing to sue dealerships not involved in sales transactions (Alaska), 682

MULTIDISTRICT LITIGATION (MDL)

– Antitrust

– – Disposable hypodermic products, proposed settlement reached (D.N.J.), 443; health care plaintiffs object to settlement, 484
– – Hypertension generic drug, review of certification of purchasers class denied (D.C. Cir.), 171
– – Insurance brokerage antitrust claims, class certified, settlement approved (D.N.J.), 217; settlement-only class, standard for certifying clarified (3d Cir.), 852
– – Synthetic rubber, class certified in price-fixing claim (D. Conn.), 219

– 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
– Cereal, misrepresentation claims filed after FDA warning letter re effects on cholesterol (E.D. Cal.), 465; actions consolidated (D.N.J.), 973
– Contact lens solution recall, plaintiffs' certification motion denied (D.S.C.), 904
– Credit card processor, bank and consumer claims consolidated (J.P.M.L.), 592
– Fuel wholesalers, gas pumps delivered less fuel than registered, pending class actions consolidated (Tex.), 182
– Hurricane Rita, insurance coverage claims consolidated (Tex.), 77
– Identity theft protection, 2 cases from consolidated class suit remanded to state courts over objections of remaining putative MDL class (D. Ariz.), 734
– Labor

– – FedEx delivery drivers granted class status in 8 states, denied in 4 states (N.D. Ind.), 719
– – Wal-Mart Stores settles 63 wage and hour suits (D. Nev.), 26; settlement approved, 543

– Merrill Lynch named as defendant in several suits this year re securitizations and auction rate securities, 833
– Pharmaceuticals

– – Antidepressants Celexa and Lexapro, consolidation not appropriate with existing MDL re alleged lack of suicidality warnings (E.D. Mo.), 548
– – Cholesterol drug manufacturers announce $41.5M settlement (D.N.J.), 740
– – Off-label promotion of Neurontin, certification denied (D. Mass.), 471; risk of suicide, general causation evidence may be presented, 481
– – Smoking cessation drug Chantix, birth control pills Yasmin and Yaz, actions consolidated (N.D. Ala.)(S.D. Ill.), 919

– Product liability

– – Aircraft, MDL court has no authority to decide airworthiness issue (D. Kan.), 241
– – All-terrain vehicles, Yamaha personal injury claims consolidated (J.P.M.L.), 197
– – Baby care products, actions not consolidated, 973
– – Chinese drywall claims consolidated (J.P.M.L.), 592
– – Denture cream claims consolidated (J.P.M.L.), 592
– – Diet products, claims filed after FDA warning of liver problems (D. Mass.)(N.D. Ala.), 466; actions consolidated (S.D. Cal.), 973
– – Gas station pipe manufacturer, remand of removed case reviewable if district court declines supplemental jurisdiction (5th Cir.), 141
– – Listerine mouthwash, actions not consolidated, 973
– – Medical devices

See MEDICAL DEVICES

– – Plumbing systems, actions consolidated (N.D. Tex.), 973
– – Teflon-coated cookware, claims voluntarily dismissed after certification refused (S.D. Iowa), 498
– – Tires, suit sent to Mexico, MDL court's denial of forum non conveniens motion reversed (5th Cir.), 782
– – Zicam cold remedy products, actions consolidated (D. Ariz.), 973

– Retirement benefits, offering artificially inflated stock as investment option, employee fiduciary duty claim may proceed (D.N.J.), 167; motion for judgment on the pleadings denied, 329
– Securities, Bear Stearns litigation consolidated, but securities, derivative, and ERISA claims will proceed as separate actions (S.D.N.Y.), 64
– Toxic torts

– – Exxon chemical plant fire, consolidated actions removed to federal court (5th Cir.), 193
– – Formaldehyde exposure, FEMA trailer residents denied class certification (E.D. La.), 12; first bellwether trial scheduled, 379; state tort claims preempted by federal housing laws and regulations, 548

MUNICIPALITIES

See STATE AND LOCAL GOVERNMENT

MUTUAL FUNDS

– Implied private right of action, investors may sue over deviations from investment policies (N.D. Cal.), 231
– Kickbacks, A.G. Edwards waited too long to remove suit to federal court (E.D. Mo.), 732
– Lead plaintiff, Swedish money manager rejected, union pension fund appointed in securities fraud suit against American Express (S.D.N.Y.), 823
– Market timing

– – Investment firms granted summary judgment, other claims may proceed (D. Md.), 24; claims partially reinstated (4th Cir.), 477
– – Variable annuity investors claims preempted by SLUSA (4th Cir.), 134

– Pension plans, offsets received by employers breached fiduciary duty, employee class certified (C.D. Cal.), 625
– Trust beneficiaries' class action against trust administrators preempted by SLUSA, complaint dismissed (N.D. Cal.), 868