Class Action Litigation Report® Index-Summary

RACIAL DISCRIMINATION

– Contracts, retailer's surveillance of black shoppers did not violate §1981 right (8th Cir.), 496
– DNA testing, black males allegedly targeted during rape investigation, certification denied (4th Cir.), 813
– Insurance, claim re pricing of policies using undisclosed factors improperly “reverse preempted” (9th Cir.), 488
– Job bias

See EMPLOYMENT DISCRIMINATION

RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

– Franchisee claims against Quiznos may proceed to trial (W.D. Pa.), 635
– Health care

– – Diagnostic testing services, improper billing, class of patients certified (D.N.J.), 165
– – Medicare outlier reimbursements, hospital alleges Tenet inflated claims, RICO claims dismissed and certification denied (11th Cir.), 853

– Labor

– – Food processing plant workers, claims of wage depression by hiring illegal workers, class certified (E.D. Cal.), 518
– – Human trafficking, immigration status irrelevant for wage claims (E.D. La.), 380
– – Illegal workers, failure to rigorously analyze suitability for certification leads to remand (11th Cir.), 517
– – Immigration claims, RICO likely to be used to combat illegal hiring, 604
– – Landscapers, claims re fraudulently obtained public works projects may proceed (C.D. Cal.), 378

– Madoff fraud, ancillary claims allege racketeering (E.D.N.Y.), 448
– Oil-for-Food Programme, Iraqi citizens allege private companies conspired with Saddam Hussein regime, dismissal of suit upheld (2d Cir.), 966
– Pharmaceuticals

– – Anti-psychotic drug, review of class certification (2d Cir.), 109
– – Cholesterol reducers, state employee benefit fund files claims firm misrepresented effects (E.D. Pa.), 569
– – Off-label marketing allegedly inflated price of cancer drugs, third party payor claims dismissed (D.N.J.), 681

RAILROADS

– Antitrust, rail freight price fixing, bifurcation of discovery into pre- and post-certification phases denied (D.D.C.), 675

REAL ESTATE

– Antitrust suit by new homebuyers against real estate brokers dismissed (9th Cir.), 736
– 401(k), class certified for inclusion of real estate company stock during improper mortgage practices (W.D. Mo.), 321
– Global warming, Mississippi property owners affected by Hurricane Katrina may proceed with tort suit (5th Cir.), 947
– Mall developer, loss causation need not be shown at certification in securities claim (E.D. Va.), 428
– Poisonous gas from oil wells, class of property owners certified (S.D. Ill.), 216
– Power company sued by property owners, certification reversed (Mont.), 854
– Rails to trails takings claim, limitations period not tolled for opt-in class members (Ct. Fed. Cl.), 232
– Title insurance

– – CAFA, non-statutory attorneys' fees may not be used to calculate amount in controversy (8th Cir.), 271
– – Price fixing claims inadequate, motion to dismiss granted (N.D. Cal.), 541

RECREATION

See SPORTS AND RECREATION

REMOVAL JURISDICTION

– Class Action Fairness Act

See CLASS ACTION FAIRNESS ACT (CAFA)

– Exxon chemical plant fire, consolidated actions removed to federal court (5th Cir.), 193
– Gas station pipe manufacturer, remand of removed case reviewable if district court declines supplemental jurisdiction (5th Cir.), 141
– Joinder of co-defendants established by attorney signing removal notice and certifying remaining defendants consent, nonprecluded claims must be remanded to state court (9th Cir.), 960
– Kickbacks, A.G. Edwards waited too long to remove suit to federal court (E.D. Mo.), 732
– Sale of closely held company, investment bank charged with misleading investors, claims remanded to state court under SLUSA “Delaware carve-out” (9th Cir.), 179

REPORTING REQUIREMENTS

– Securities, beneficial ownership in stock required to trigger SEC requirements (11th Cir.), 34

RES JUDICATA

– IBM sued by former worker for overtime pay, res judicata bars FLSA claims arising prior to judgment in hybrid suit (N.D. Okla.), 967

RESTAURANTS

– Banks sued by restaurant business for allegedly excessive overdraft fees (S.D. Tex.), 941
– Burger King restaurants, wheelchair user has standing to assert ADA claims against unvisited locations (N.D. Cal.), 277
– Gift card holder's unjust enrichment and unfair competition claims allowed, McDonald's motion to dismiss false advertising claim granted (S.D. Cal.), 913
– Potato products, class certification denied for misrepresenting absence of allergens (N.D. Ill.), 468
– Quiznos franchisees' RICO and fraud claims may proceed to trial (W.D. Pa.), 635
– Receipts, consumer class certified in suit against restaurant for printing full credit card numbers (N.D. Ill.), 863
– Sodium, Denny's customer files suit alleging menu items contain high amounts (N.J. Super. Ct.), 711
– Taco John's franchisee suit over tainted produce dismissed, immediate appeal improperly certified (8th Cir.), 636
– Tips, pooling requirements, workers seek approval of settlement (S.D.N.Y.), 195

RETAIL INDUSTRY

– Asset swap, dismissal of securities suit against Legg Mason and Citigroup affirmed (2d Cir.), 917
– Labor

– – Certification under FLSA challenged by Family Dollar Stores, $36M in overtime pay awarded to store managers (U.S., rev den), 923
– – Wal-Mart Stores settles 63 wage and hour suits (D. Nev.), 26; settlement approved, 543
– – Wal-Mart Stores to pay up to $35M to settle wage and hour claims (Wash. Super. Ct.), 742
– – Wal-Mart Stores to pay up to $54M in off-the-clock suit (Minn. Dist. Ct.), 544

– Securities fraud

– – Abercrombie & Fitch shareholder class certified (S.D. Ohio), 521
– – Coach investors file suit, claims allege nondisclosure of unsustainable growth rate (S.D.N.Y.), 421

RETIREMENT

– Age discrimination, AT&T sued by EEOC for not rehiring former employees (S.D.N.Y.), 762
– City employees file claims over bad investment choices (Mich. Cir. Ct.), 421
– Football memorabilia royalties, jury verdict requiring players' union to pay retirees upheld (N.D. Cal.), 71; preliminary approval given to settlement for retired players, 739; $26M settlement given preliminary approval, 785
– 401(k) plans

See 401(k) PLANS

– Health care benefits

– – Lifetime benefits, class of retirees claiming certified (E.D. Mich.), 110
– – Manufacturing, claims re altering benefits, retiree class certified (E.D. Wis.), 520
– – Prescription drug co-payments, claims by retirees and union over increase (E.D. Mich.), 55
– – Reductions, class action filed against AK Steel (S.D. Ohio), 573
– – Reductions, class action filed against BorgWarner (E.D. Mich.), 261; certification granted for retirees, 814
– – Reductions, class certified against Whirlpool (W.D. Mich.), 115
– – Reductions, class certified against Windstream (D. Neb.), 13
– – Retirement-eligible employees did not have vested rights under collective bargaining agreement (6th Cir.), 120
– – Steel company, settlement affirmed, objectors may not intervene (6th Cir.), 392
– – Unisys breached fiduciary duty in making oral misrepresentations to retirees (3d Cir.), 820
– – Vested benefits, retirees not required to pay for (6th Cir.), 732
– – Vested benefits, unilateral changes to, retirees class certified (N.D. Ohio), 317

– Insurance brochure misrepresentations, certification denial overruled in consumer suit (9th Cir.), 816
– Investment advisers, settlement reached on deferred compensation claims (D.N.J.), 344
– Pensions

See PENSIONS

– Tax avoidance scheme marketed as retirement plan, negligent misrepresentation and nondisclosure claims survive (N.D. Tex.), 382

RICO ACT

See RACKETEER INFLUENCED AND CORRUPT ORGANIZATIONS (RICO) ACT

RUBBER

– Child labor, class of rubber plantation workers denied certification under Alien Tort Statute (S.D. Ind.), 316
– Price fixing, class certified for synthetic products (D. Conn.), 219