Class Action Litigation Report® Index-Summary

OHIO

– Attorneys' fees, mortgage lender may demand borrower pay fees to stop pending foreclosure (Ohio), 184
– Toxic torts, contamination claims against part-making plant may continue during superfund activities (S.D. Ohio), 437

OIL AND GAS

– Antitrust

– – CARB gasoline, bilateral contracts taken in aggregate may be used to prove anticompetitive effect (9th Cir.), 384
– – Marine hose cartel, global settlement reached, 237

– Brazilians file claims against chemical, pharmaceutical, and oil companies for dumping toxic waste (S.D. Ind.), 419
– Contaminated gasoline, settlement approved for damaged storage tanks (S.D.W. Va.), 343
– 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

– Natural gas market allegedly manipulated by Energy Transfer Partners, futures traders' motion for reconsideration denied (S.D. Tex.), 879
– Oil-for-Food Programme, Iraqi citizens allege private companies conspired with Saddam Hussein regime, dismissal of suit upheld (2d Cir.), 966
– Oil spills

– – Exxon Valdez, punitive damages payments begin, interest and fees still disputed, 33; seafood processors' attempts to get larger share of awards denied (9th Cir.), 737; seafood processor files appeal (U.S., rev den), 922
– – Jurisdiction, denial of certification in spill-related personal injury claim does not strip court of CAFA jurisdiction (W.D. La.), 128

– Overtime violations, convenience store managers file suit against company (N.D. Cal.), 714
– Poisonous gas from oil wells, class of property owners certified (S.D. Ill.), 216
– Royalty interests in natural gas wells, class of owners certified (W.D. Okla.), 318
– Securities fraud

– – Netherlands, appeals court clears settlement over oil and gas reserves inflation, 538
– – Offshore drilling company, investors in failed IPO may proceed with claims alleging registration statement misrepresentations, motion to dismiss denied (S.D. Tex.), 124

– Toxic waste water, Chevron brings international arbitration claim against Ecuador re class action, 909
– Well operator sued for allegedly improper billing and fees, certification and settlement upheld (Okla.), 856

OKLAHOMA

– Foster care, class of children certified (N.D. Okla.), 428
– Motor vehicles, class recertified for defective accelerator pedals claims (Okla.), 375
– Nursing homes, re-basing of Medicaid rates each year not required, summary judgment granted to state (Okla. Dist. Ct.), 497
– Oil and gas well operator sued for allegedly improper billing and fees, certification and settlement upheld (Okla.), 856
– Poultry waste disposal in river watershed, refusal to grant injunction upheld (10th Cir.), 501
– Royalty interests in natural gas wells, class of owners certified (W.D. Okla.), 318
– Superfund buyout, residents file claims of undervalued property and insufficient insurance reimbursement (Okla. Dist. Ct.), 312
– Tort reform, governor signs comprehensive law, 551
– Toxic waste, state-initiated cleanup is not converted to federal act by adherence to superfund standards (W.D. Okla.), 431; suit remanded to state court under CAFA's local controversy exception (10th Cir.), 818

OREGON

– Minimum wage plant workers must be compensated by Del Monte for uniform changes (Or. Cir. Ct.), 971
– Movie rental, small damages render arbitration clause unenforceable (9th Cir.), 387
– Wireless cards, class action waiver in arbitration agreement unconscionable (9th Cir.), 334

OVERTIME

See also FAIR LABOR STANDARDS ACT (FLSA); WAGES
– Air carriers, legislature may not retroactively deprive crew of overtime pay (Alaska), 587
– Assistant store managers' suit against Home Depot denied certification, individual issues predominate (D.N.J.), 857
– Cal. overtime laws, applicability to nonresidents, certification of question requested (9th Cir.), 172
– Certification under FLSA challenged by Family Dollar Stores, $36M in overtime pay awarded to store managers (U.S., rev den), 923
– Convenience store managers file suit alleging overtime violations against company (N.D. Cal.), 714
– FedEx delivery drivers found to be independent contractors, shipper not required to pay overtime (Wash. Super. Ct.), 342
– Financial services firm to pay $2.8M in back wages and overtime to employees (E.D. Pa.), 742
– Garbage truck driver, arbitration agreement waiving class arbitration and barring civil penalties on behalf of others found unconscionable (Cal. Ct. App.), 275
– Home loan consultants, employer may move to deny certification before plaintiffs file motion to certify (9th Cir.), 672
– IBM sued by former worker, res judicata bars FLSA claims arising prior to judgment in hybrid suit (N.D. Okla.), 967
– In-home care provider sued for unpaid overtime, plaintiffs not entitled to dismiss wage and hour claims without notifying lawyer (Wash. Ct. App.), 958
– Mortgage consultants sue Wells Fargo, class decertified (9th Cir.), 671
– Pet food maker employees granted certification on state law overtime claims, complaint also alleges FLSA violations (N.D. Ill.), 814
– Preliminary injunction granted against nightclub, exotic dancers must be reinstated (N.D. Ga.), 821
– Professional employees, forced leave without pay did not affect exempt status (Ill. Ct. App.), 493
– Reality show employees

– – Networks settle overtime claims (Cal. Super. Ct.), 132
– – Production companies, claims filed for overtime (Cal. Super. Ct.), 310

– UPS account managers file suit re overtime violations (S.D. Cal.), 761