Class Action Litigation Report® Index-Summary

PANAMA

– Vitamin price-fixing, first class action against non-Latin American defendant filed in Panama where foreign purchasers allowed to join suit, 851

PATENTS

– Asthma and allergy drug Singulair, wholesalers voluntarily dismiss suit against Merck for allegedly blocking generic copies from entering market (D.N.J.), 961
– Cellular telephone system standards, end-customer injuries too remote to support standing (S.D. Cal.), 287
– Desmopressin acetate tablets, purchasers have standing to raise antitrust claims re unenforceable patents (2d Cir.), 954

PENNSYLVANIA

– Emergency siren manufacturer sued by Phila. firefighters (Ill. Cir. Ct., Cook County), 941
– H&R Block did not waive right to seek decertification of customer class suing over Rapid Refund program (Pa.), 627
– Pharmaceuticals

– – Cholesterol reducers, state employee benefit fund files claims firm misrepresented effects (E.D. Pa.), 569
– – Epilepsy drug, patient class seeking reimbursement for off-label use decertified (Pa. Ct. Com. Pl.), 166; decertification appealed (Pa. Super. Ct.), 579

– Pre- and post-shift work, shipper did not violate state law by failing to pay couriers (M.D. Pa.), 27
– Securities fraud, pension fund claim for investing in funds managed by Madoff (E.D. Pa.), 158
– Truck shimmying, engineering expert's report deemed relevant to certification of truck owners (W.D. Pa.), 726; certification denied, 812

PENSIONS

– Air Line Pilots Assoc. did not breach duty of fair representation re allocation of benefits to furloughed pilots (N.D. Ill.), 872
– Amgen worker who cashed out of defined contribution plan has standing to sue for breach of fiduciary duty (9th Cir.), 677
– Anheuser-Busch sued for using risky qualified default investment alternative (M.D. Fla.), 620
– Anti-cutback rule, Delta Air Lines plan amendment violates ERISA, suit alleges (N.D. Ga.), 617
– Artificially inflated stock

– – Pfizer and Pharmacia, fiduciary breach claims by employees plausible enough to proceed (S.D.N.Y.), 330
– – Pilgrim's Pride, concealment of firm's financial information to inflate stock, alleged breach of ERISA duties (E.D. Tex.), 56

– Cash balance plans, failure to use “whipsaw” calculation in determining lump-sum distributions

– – AK Steel retirees file suit (S.D. Ohio), 618
– – Alliant Energy retiree class certified (W.D. Wash.), 169
– – Avnet plan participant classes partially certified (D. Ariz.), 523
– – Duke Energy retiree class certified (D.S.C.), 860

– Certification ease in retirement plan fee claims is major development, speaker tells conferees, 293
– Concrete company, claims of reduced benefits from plan amendment settled, class certified (N.D. Iowa), 215
– Du Pont employees and retirees file suit asserting miscalculation of benefits by third-party administrator (E.D. Va.), 711
– Ease of certification in fee claims is major development, speaker tells conferees, 293
– 401(k) plans

See 401(k) PLANS

– Gaming equipment company's employees file stock drop suits (D. Nev.), 940
– Goldman Sachs misrepresentations about mortgage pass-through certificates alleged, claim by public pension fund (S.D.N.Y.), 157
– Lead plaintiff, Swedish money manager rejected, union pension fund appointed in securities fraud suit against American Express (S.D.N.Y.), 823
– Madoff fraud

See MADOFF FRAUD

– Medical practice employee sues Merrill Lynch for allegedly violating ERISA duties by overinvesting in technology stocks (M.D.N.C.), 895
– 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
– Mortgage-backed securities, State Street Bank and ERISA pension plans seek approval of $90M settlement (S.D.N.Y.), 879
– Mortgage banking services firm's pension plan, employees may proceed with breach of fiduciary duty claim (W.D. Tenn.), 910
– Motorcycle manufacturer sued by former employee, stock drop claims dismissed (E.D. Wis.), 965
– Mutual fund offsets received by employers breached fiduciary duty, employee class certified (C.D. Cal.), 625
– Retirement plan sponsors, claims against investment advisers, Special Report, 244
– Securities lending claims

– – J.P. Morgan Chase, claims alleged breach of duty to clients (S.D.N.Y.), 103; related claims filed by second pension fund, 309; cases consolidated, 438
– – Northern Trust, employee claims fees were unreasonable in light of risks (S.D. Ill.), 311
– – State Street Bank, La. law firm files claims for pension fund losses (D. Mass.), 369

– WaMu employees may proceed with breach of fiduciary duty claim against company re stock drop (W.D. Wash.), 959

PHARMACEUTICALS

– Acne drug, investor claims re faulty disclosure and channel stuffing, class certified (N.D. Cal.), 520
– AIDS drug, price leveraging claims against maker dismissed (9th Cir.), 688; $10M settlement with Abbott Laboratories signed by judge (N.D. Cal.), 744
– Alzheimer's drug, claims re flawed clinical trial dismissed (S.D.N.Y.), 341
– Anti-inflammatory drugs

– – Celebrex and Bextra, preliminary approval given to global settlement (N.D. Cal.), 289; third-party payers and consumers allege fraudulent marketing, settlement approved (N.D. Cal.), 970
– – Vioxx, individual issues dominate in cost-recoupment claims, class not certified (N.J. Super. Ct.), 267
– – Vioxx, individual issues preclude class certification (Cal. Super. Ct.), 468
– – Vioxx, inquiry notice not triggered by public documents (U.S., rev grant), 531; SIFMA argues court erred in reinstating shareholder claims, amicus brief filed, 776

– Anti-psychotic drugs, review of RICO class certification (2d Cir.), 109
– Antibiotic drug maker fraudulently concealed Ketek's dangers, nonparties may not be deposed during precertification discovery (E.D.N.Y.), 426
– Antidepressants

– – Broken Paxil CR pills, class certified, settlement approved (D.P.R.), 236
– – Canadians denied class certification re Paxil claims (Quebec Super. Ct.), 772
– – Celexa and Lexapro, consolidation not appropriate with existing MDL re alleged lack of suicidality warnings (E.D. Mo.), 548
– – Generic alternative to Wellbutrin inferior and dangerous, patient claims allege (Cal. Super. Ct.), 571

– Antivirals, loss causation adequately pled where demand was fueled by unlawful marketing practices (U.S., rev den), 385
– Arthritis drug, claim by investors re clinical study misrepresentations is timely (3d Cir.), 123
– Asthma and allergy drug Singulair, wholesalers voluntarily dismiss suit against Merck for allegedly blocking generic copies from entering market (D.N.J.), 961
– Blood thinner maker sued for misrepresenting prospects for new drug, suit dismissed for lack of scienter (2d Cir.), 639
– Cancer drugs

– – Prostate cancer drug, misrepresentations over regulatory approval, claims may proceed (S.D.N.Y.), 176
– – Third party payor claims that off-label promotion inflated price dismissed (D.N.J.), 681

– Cephalon sued for alleged off-label marketing, health and welfare benefit funds' suit dismissed (D.N.J.), 966
– Cereal, cholesterol misrepresentation claims filed after FDA warning letter (E.D. Cal.), 465; actions consolidated (D.N.J.), 973
– Children's medicine tainted by glycerin, Dutch chemical firm lacks sufficient contacts with forum for personal jurisdiction (Fla. Dist. Ct. App.), 689
– Cholesterol drugs

– – Concealment of adverse study results by Vytorin manufacturer alleged by plaintiffs, claims plead with adequate specificity (D.N.J.), 823
– – Deceptive promotion of Vytorin and Zetia alleged against joint venture (E.D. Pa.), 569
– – $41.5M settlement announced by manufacturers of Vytorin and Zetia (D.N.J.), 740
– – Generic versions of TriCor allegedly impeded from coming to market, claims settled (D. Del.), 441
– – Merck's motion to dismiss denied, employees allege Vytorin research caused plan losses (D.N.J.), 869

– Desmopressin acetate tablets, purchasers have standing to raise antitrust claims re unenforceable patents (2d Cir.), 954
– Diabetes drug Avandia, dismissal of investors' securities fraud claims upheld (2d Cir.), 786
– Employee benefits, Pfizer and Pharmacia employees may proceed with claim re artificially inflated stock (S.D.N.Y.), 330
– Epilepsy drugs, patient class seeking reimbursement decertified (Pa. Ct. Com. Pl.), 166; decertification appealed (Pa. Super. Ct.), 579
– FDA approval of drug label, changes to preemption of failure-to-warn claims due to Levine decision likely, panelists predict, 504
– Fen-phen claims

– – Attorneys' fees, $567M award affirmed (3d Cir.), 957
– – Attorneys found guilty of defrauding clients (E.D. Ky.), 343; jury award affirmed, 594; attorneys sentenced to prison, ordered to pay restitution, 787

– Heartburn drugs

– – False advertising claims, preemption rulings remanded for reconsideration (3d Cir.), 439
– – Food poisoning, claim alleges failure to warn of increased risks (S.D. Ohio), 513

– HIV, hepatitis B drug Viread, investors' securities fraud claims against Gilead Sciences may proceed (N.D. Cal.), 957
– Hypertension generic drug, review of certification of purchasers class denied (D.C. Cir.), 171
– Neonatal heart drugs, hospital files monopoly claims (D. Minn.), 572
– Neurontin subclasses share issues of fact but not predominance, certification denied (D. Mass.), 471; risk of suicide, general causation evidence may be presented, 481
– Nonconsensual human testing, Nigerian plaintiffs may bring claims for antibiotic trials (2d Cir.), 140
– Nutritional supplements

See VITAMINS AND NUTRITIONAL SUPPLEMENTS

– Oral contraceptive Yaz, class representatives lack standing, suit dismissed (E.D. Cal.), 688
– Overcharges, class of health providers not certified, first trial put on fast track to determine suitability of remainder of claims (N.D. Cal.), 473
– Parkinson's drug, wholesalers file suit against German company for blocking generics from entering market (W.D. Pa.), 805
– Pharmacy benefits manager, use of weekly price updates alleged to be contract breach, summary judgment denied (M.D. Ala.), 282
– Potassium chloride, delay of generic onto market, purchaser class certified (D.N.J.), 60
– Pricing

– – Drugs' average wholesale price allegedly overstated by company, lower court dismissed claims, ruling vacated (1st Cir.), 907
– – Generic drugs, union health and welfare funds sue pharmacies for allegedly violating state pricing law (D. Minn.), 850
– – Prescription drug pricing claims, class certified and settlement approved (D. Mass.), 285; drugstores to appeal, 435; final approval given to $350M settlement with McKesson, 741; pharmacy groups' request to overturn settlement denied (1st Cir.), 828

– Reimbursement for treatment

See HEALTH INSURANCE

– Securities, Stiefel Laboratories sued for buying back workers' shares without disclosing impending sale of company (S.D. Fla.), 669
– Smoking cessation drug Chantix, birth control pills Yasmin and Yaz, actions consolidated (N.D. Ala.)(S.D. Ill.), 919
– Study, most claims against biotechnology companies related to accounting or financials, 397
– Toxic waste, Brazilians file claims against chemical, pharmaceutical, and oil companies for dumping (S.D. Ind.), 419
– Ulcer drug recall, no civil remedy without side effects or failure of efficacy (N.D. Cal.), 494
– Vitamins

See VITAMINS AND NUTRITIONAL SUPPLEMENTS

– Zicam cold remedy products, actions consolidated (D. Ariz.), 973

PLEADINGS

– Auction rate securities, purchasers' securities fraud suit against Raymond James Financial and subsidiaries dismissed (S.D.N.Y.), 875
– PSLRA's fraud pleading standard, trustees' lawsuit re Parmalat collapse dismissed (U.S., rev den), 921
– Securities fraud, vague claims dismissed with prejudice (S.D.N.Y.), 393
– Self-tender followed by dividend increase, no strong inference of scienter in pleadings (5th Cir.), 392
– Windows, shifting theories and absence of factual support lead to dismissal of product liability claims (8th Cir.), 391

POLITICAL CONTRIBUTIONS

– Green Party contributor files suit alleging governor violated state law, Political Contribution Refund program eliminated (Minn. Dist. Ct.), 712

PONZI SCHEMES

– Madoff fraud

See MADOFF FRAUD

– Securities class action litigation, credit crisis and Ponzi schemes lead to increased filings, NERA study reports, 747

PREEMPTION

– Airport security screeners' FLSA suit preempted by Aviation and Transportation Security Act, TSA's motion to dismiss granted (Fed. Cl.), 870
– Antitrust, plaintiff's suit against credit bureaus re mortgage “trigger leads” dismissed (2d Cir.), 971
– Consumer

– – Federal Arbitration Act does not bar state law contract defenses to class action waiver (3d Cir.), 184
– – Snapple “all natural” drinks, consumer challenge to labeling not preempted, suit reinstated (3d Cir.), 777

– False advertising

– – Cigarettes labeled light or low tar, state claims not preempted (Mass.), 274
– – Heartburn drug claims remanded for reconsideration in light of Levine (3d Cir.), 439
– – Pasta sauce advertisement of “all natural” ingredients, claim not preempted (N.D. Cal.), 181
– – Salmon sold by grocery stores not labeled as artificially colored, state law claims not preempted (U.S., rev den), 64

– Product liability

– – Ethanol blended gasoline, claim by boat owners that oil company failed to warn of damage to engines not preempted (S.D. Fla.), 122
– – Medical devices, premarket approval, removal of preemption of state tort suits

See LEGISLATION, FEDERAL, HR 1346, S 540

– – Medtronic's cardiac defibrillator leads, claims preempted, post-dismissal leave to amend denied (D. Minn.), 500
– – Pharmaceuticals, panelists predict changes in failure-to-warn claims due to Levine decision, 504

– SLUSA

See SECURITIES LITIGATION UNIFORM STANDARDS ACT (SLUSA)

– Supreme Court rulings during 2008-2009 term assessed by attorneys, Special Report, 696

PRICE FIXING

See ANTITRUST

PRISONS AND JAILS

– Detainees allegedly unconstitutionally held after posting bond, certification reversed (7th Cir.), 855
– Joinder of in forma pauperis prisoners in suit over conditions of confinement not barred by Prison Litigation Reform Act (3d Cir.), 649
– Pro se prisoner has standing to appeal certification and settlement, but appeal lacks merit (3d Cir.), 224

PRIVACY

– Background checks for contract employees, rehearing denied on injunction against NASA (9th Cir.), 531
– Bank of America disclosure of customer data to marketers, challenge to proposed settlement rejected (Cal. Ct. App.), 641
– Blockbuster's motion to compel arbitration denied, unilateral right to modify renders contract illusory (N.D. Tex.), 389
– Brokerage, preliminary approval given to settlement despite concerns (N.D. Cal.), 492
– Cable television company allegedly sold subscribers' personal information to direct marketers, settlement approved (E.D.N.Y.), 738
– Credit card data

See CREDIT CARDS

– Facebook accused of violating users' privacy, engaging in illegal advertising, and misappropriating names and likenesses (Cal. Super. Ct.), 763
– Facebook reaches proposed settlement re Beacon marketing system (N.D. Cal.), 918
– 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
– Heartland Payment Systems

– – Banks and credit unions file suit re data breach (S.D. Tex.), 939
– – Cost of replacing credit and debit cards sought by banks (D.N.J.), 157
– – Credit and debit card data allegedly breached (D.N.J.), 102
– – Multidistrict panel consolidates bank and consumer claims (J.P.M.L.), 592
– – Securities fraud claims alleging misleading disclosures re breach (D.N.J.), 261

– Identity theft, plaintiff's claims dismissed, fear of future harm not enough to succeed on the merits (D. Conn.), 918
– Insurance company, claims filed for hack of job applicant website (E.D. Pa.), 515
– Labor unions, accessing motor vehicle records for organizing campaign was violation of Driver's Privacy Protection Act (U.S., rev den), 282
– Medical records, Economic Stimulus Act provisions for national information system violate patients' privacy, suit alleges (S.D.N.Y.), 620
– Postal workers' unjust enrichment claim dismissed, court lacks jurisdiction to review postal regulation (W.D. Wash.), 830
– Royal Bank of Scotland, payment processing data hacked, consumers amend complaint (N.D. Ga.), 161
– Social Security number stolen from county website, financial damage not liberty interest protected by due process (U.S., rev den), 70
– Standard of care becoming process-oriented, federal standards for health care may become benchmark, 292
– Starbucks employee claim re laptop data breach (W.D. Wash.), 161
– Supermarket, bulk of claims dismissed, negligence-based claims for unreimbursed charges survive (D. Me.), 479; dismissal of claims stayed, damages question certified to state high court (D. Me.), 955
– Tax preparer, disposal of personal information in trash, claims against franchisee dismissed other than invasion of privacy (E.D. La.), 65
– Veteran Affairs medical center's loss of external hard drive, Privacy Act damages claim dismissed, Admin. Procedures Act claims may proceed (11th Cir.), 586
– Veterans Affairs' breach of personal data, $20M settlement approved (D.D.C.), 196

PRIVATE RIGHTS OF ACTION

– Aiders and abettors to securities fraud

– – Attorneys, no private right of action against abettors of fraud (S.D.N.Y.), 337; SEC argues court misread elements of primary liability, amicus brief filed (2d Cir.), 779
– – Private civil actions

See LEGISLATION, FEDERAL, S 1551

– Mutual fund investors have implied private right of action, may sue over deviations from investment policies (N.D. Cal.), 231
– 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
– Professional wrestlers, independent contractor status does not unjustly enrich WWE, no private right to enforce tax code (D. Conn.), 236

PRIVATE SECURITIES LITIGATION REFORM ACT (PSLRA)

– Attorneys for objectors to settlement denied fees (D. Minn.), 913
– Auction rate securities, motion to lift PSLRA discovery stay to assist litigation strategy denied (S.D.N.Y.), 388
– Forward-looking statements covered by broad safe harbor, most of shareholders' claims against General Growth Properties dismissed (N.D. Ill.), 910
– Fraud pleading standard, trustees' lawsuit re Parmalat collapse dismissed (U.S., rev den), 921
– Gun manufacturer, claims re product demand may proceed (D. Mass.), 378
– Health insurance, pricing statements fell under safe harbor, shareholder claims dismissed (E.D. Pa.), 599
– Lead plaintiffs

See LEAD PLAINTIFFS

– PricewaterhouseCoopers' audits allegedly concealed Doral Financial's fraudulent mortgage transactions, investors' claims dismissed (2d Cir.), 832
– Scienter

See SCIENTER

– SLUSA

See SECURITIES LITIGATION UNIFORM STANDARDS ACT (SLUSA)

– Wireless telecommunications, actual knowledge of falsity in statements unaccompanied by cautionary language not shielded by safe harbor (5th Cir.), 383

PROCEDURE

– Appeals

See APPEALS

– Certification of classes

See CERTIFICATION

– Choice of law, analysis not required prior to certification of class (U.S., rev den), 61
– Class Action Fairness Act

See CLASS ACTION FAIRNESS ACT (CAFA)

– Corrective orders related to misconduct of class counsel are valid even though judge disqualified for probable bias (Cal. Ct. App.), 633
– Discovery

See DISCOVERY

– Evidence

See EVIDENCE

– Forum selection

See FORUM SELECTION

– Issue preclusion arguments against class certification, Analysis and Perspective, 658
– Joinder of in forma pauperis prisoners in suit over conditions of confinement not barred by Prison Litigation Reform Act (3d Cir.), 649
– Jurisdiction

See JURISDICTION

– Jury trial, mortgage account executives entitled to, not required to arbitrate overtime claims (E.D. Pa.), 777
– Limitations periods

See STATUTES OF LIMITATIONS

– Multidistrict litigation

See MULTIDISTRICT LITIGATION (MDL)

– Pleadings, impact of Supreme Court's Iqbal decision, Special Report, 696
– Preemption

See PREEMPTION

– Removal jurisdiction

See REMOVAL JURISDICTION

– Settlements

See SETTLEMENTS

– Standing

See STANDING

PRODUCT SAFETY AND LIABILITY

– Aircraft

See AIR TRANSPORTATION

– Asbestos

See ASBESTOS

– Baby products

– – Cribs, latent defect not enough to state contract claim, dismissal of plaintiffs' suit upheld (8th Cir.), 736
– – Seat, purchaser who failed to allege injury lacks standing (N.D. Cal.), 388
– – Strollers, purchasers ask for reconsideration of certification denial (E.D. Cal.), 578

– Beryllium-containing products, exposure by space center workers not “compensable injury,” claims dismissed (5th Cir.), 79
– Building materials

See BUILDING AND CONSTRUCTION

– Cigarettes

See TOBACCO INDUSTRY

– Computers

See COMPUTERS

– Diet products, claims filed after FDA warning of liver problems (D. Mass.)(N.D. Ala.), 466; actions consolidated (S.D. Cal.), 973
– Drugs

See PHARMACEUTICALS

– Emergency siren manufacturer sued by Phila. firefighters (Ill. Cir. Ct., Cook County), 941
– Ethanol blended gasoline for boats, federal law does not preempt claim by owners that oil company failed to warn of damage to engines (S.D. Fla.), 122
– Flea collars, NRDC files claims for lack of cancer warnings (Cal. Super. Ct.), 420
– Food

See FOOD

– Foreign manufacturers, Whitehouse (D-RI) announces intent to introduce legislation allowing claims, 552
– Gas station pipe manufacturer, remand of removed case reviewable if district court declines supplemental jurisdiction (5th Cir.), 141
– Kindle electronic book reader, Amazon.com sued for defective cover (W.D. Wash.), 670
– Medical devices

See MEDICAL DEVICES

– Motor vehicles

See MOTOR VEHICLES

– Mouthwash

– – Crest mouthwash, consumer files suit alleging teeth stained (E.D. Mich.), 716
– – Listerine mouthwash, actions not consolidated, 973

– Pipe fittings company ordered to name witness on preservation of evidence (D. Minn.), 22
– Plumbing systems, actions consolidated (N.D. Tex.), 973
– Refrigerators with defective water filtration systems, buyers limited to statutory product liability claim (D.N.J.), 684
– Shower pan manufacturer sued re alleged design defects, plaintiffs' denial of certification upheld (Cal. Ct. App.), 946
– Toxic substances

See TOXIC TORTS

– Toys, Mattel agrees to settlement re lead recall (C.D. Cal.), 965
– Warranties

See WARRANTIES

PSLRA

See PRIVATE SECURITIES LITIGATION REFORM ACT (PSLRA)

PUBLIC EMPLOYEES

See GOVERNMENT EMPLOYEES