Class Action Litigation Report® Index-Summary

SALARIES

See WAGES

SCHOOLS

– Athletes sue NCAA for profits from sale of licensed products bearing their likenesses (N.D. Cal.), 667
– Sex discrimination, Univ. of Cal. at Davis settles female athletes' Title IX suit (E.D. Cal.), 642

SCIENTER

– Accounting, investor suit against Cadence Design Systems dismissed, scienter not adequately alleged (N.D. Cal.), 870
– Auction rate securities, purchasers' securities fraud suit against Raymond James Financial and subsidiaries dismissed (S.D.N.Y.), 875
– Biotech firm's investor brochure, securities fraud suit against Canadian stock promoter dismissed (W.D. Wash.), 917
– Confidential witness testimony must include specific details (3d Cir.), 433
– Container company, dismissal of securities fraud claims affirmed on lack of scienter and standing (2d Cir.), 541
– Ericsson securities fraud class action dismissed (S.D.N.Y.), 29; dismissal of suit affirmed (2d Cir.), 968
– Grocery chain, investors in corporate parent failed to plead adequately against auditors (4th Cir.), 75
– H&R Block suit dismissed, lead plaintiff failed to adequately plead scienter (8th Cir.), 878
– Jones Soda investors failed to allege facts supporting inference (W.D. Wash.), 644
– Software development, capitalizing costs to avoid recognition as expenses, investor claims dismissed (9th Cir.), 70
– Weight management company, plaintiffs' securities fraud suit against Nutrisystem dismissed, scienter and standing lacking (E.D. Pa.), 874

SECURITIES

See also SECURITIES FRAUD
– Arbitration required for investor class claims against Ameriprise despite FINRA prohibition (D. Minn.), 865
– Argentinean bond defaults, 2 classes certified (S.D.N.Y.), 315; Argentina held in civil contempt for failure to comply with discovery orders, 533
– Asset swap, dismissal of suit against Legg Mason and Citigroup affirmed (2d Cir.), 917
– Attorneys' fees split between N.Y. and Del. counsel in suit re cable company's exchange of tracking stock (Del. Ch.), 598
– Auction rate securities, motion to lift PSLRA discovery stay to assist litigation strategy denied (S.D.N.Y.), 388
– Blackstone investors' suit dismissed, alleged omissions immaterial (S.D.N.Y.), 914
– Bonds, city allegedly defaulted on, investors allegedly misled by official statements (N.D. Ind.), 897
– Canada, class actions on increase, report says, 105
– Cholesterol drug, plaintiffs allege concealment of adverse study results by manufacturer, claims plead with adequate specificity (D.N.J.), 823
– Economic evaluation of settlement not required (U.S., rev den), 434
– Employee stock drop claims

See ERISA

– Global claims raise procedural and jurisdictional issues, speakers tell conferees, 242
– Investment advisers, settlement reached on deferred compensation claims (D.N.J.), 344
– Investment banks' cash sweep programs, suit dismissed (S.D.N.Y.), 744
– Israel, no jurisdiction found where claimant fails to allege U.S. purchase (N.D. Cal.), 596
– Lawsuits filed

– – 2008, filings surged, 37; SEC enforcement to be reshaped, 38
– – 2009 midyear assessment, filings decreased, 694
– – 2009 midyear update, credit crisis and Ponzi schemes lead to increased filings, NERA study reports, 747

– Lead plaintiff, discovery allowed in case against solar energy company to determine adequacy of hedge fund to serve as (D.N.M.), 910
– Loans, Network Commerce shareholders' claims reinstated re company's alleged failure to disclose CEO loans (9th Cir.), 912
– Monoline insurance, class actions against insurers continue after businesses collapse, 925
– Mortgage-backed securities

– – Merrill Lynch losses due to subprime assets, investor and employee 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

– Mutual funds

See MUTUAL FUNDS

– Natural gas market allegedly manipulated by Energy Transfer Partners, futures traders' motion for reconsideration denied (S.D. Tex.), 879
– Pension fund securities lending claims

See PENSIONS

– Philadelphia Stock Exchange, institutional investors' acquisition of ownership control, allocation of settlement proceeds upheld (Del.), 135
– PSLRA

See PRIVATE SECURITIES LITIGATION REFORM ACT (PSLRA)

– Removal bar of 1933 Securities Act does not trump CAFA (7th Cir.), 18
– Reporting requirements, beneficial ownership in stock required to trigger SEC requirements (11th Cir.), 34
– Statute of limitations tolled by earlier filing in UK building society conversion claim (9th Cir.), 475
– Stay pending arbitration, denial may be appealed, nonparties to agreement may enforce under contract rules (U.S.), 444
– Studies

– – Credit crisis, related securities claims up in 2008, 604
– – Financial services most frequently targets of claims in 2008, 397
– – Institutional investors can use securities class actions to monitor corporate behavior, 795
– – Settlements, number and value lower in 2008 but forecasting difficult, 350

– Tender offer claim, dismissal for failure to prosecute rejected (Del. Ch.), 486
– Treasury notes, PIMCO sued for cornering market for futures contracts, purchaser class certified (7th Cir.), 623

SECURITIES FRAUD

– Absent class member does not have presumptive right of access, may not view law firm files (N.Y.), 476
– Acquisition of rental firm, claims dismissed (D. Conn.), 291
– Aiders and abettors

– – 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
– – InfoSpace shareholder may not seek disgorgement of AOL's alleged short swing profits from sale of stock (9th Cir.), 785
– – Private civil actions

See LEGISLATION, FEDERAL, S 1551

– Apparel and accessory retailers

– – 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
– – Tween Brands investor suit dismissed (S.D. Ohio), 644

– Auction rate securities

– – Aimis Art lacks standing, class action dismissed (S.D.N.Y.), 786
– – Purchasers' suit against Raymond James Financial and subsidiaries dismissed (S.D.N.Y.), 875

– Bank defendants

– – Bonds issued by I Bank, suit filed on behalf of holders of derivative interests (E.D. Cal.), 668
– – Enron shareholder suit against 3 investment banks dismissed (S.D. Tex.), 284
– – 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
– – Pleading hurdles for plaintiffs, Analysis & Perspective, 249
– – RSL investors granted certification, defendants failed to rebut fraud on the market presumption (S.D.N.Y.), 767

– Bear Stearns Co. litigation consolidated, but securities, derivative, ERISA claims will proceed as separate actions (S.D.N.Y.), 64
– Biotech firm's investor brochure, suit against Canadian stock promoter dismissed (W.D. Wash.), 917
– Computer memory, conspiracy claims re price fixing to support stock price may proceed (D. Idaho), 230
– Credit ratings

– – Market downturn not proved by drop in price of parent company (S.D.N.Y.), 487
– – Ratings agencies mull future as securities fraud class action suits advance in state and federal courts, 791

– Electronic payment solutions provider, shareholder claims re accounting restatements dismissed (N.D. Cal.), 544
– ERISA claimants may join shareholder class against equipment maker, class certified (N.D. Ill.), 220
– Flowserve, claims remanded for reconsideration of loss causation and certification (5th Cir.), 576
– Foreign-cubed action

– – Subject matter jurisdiction by district court affirmed, claims by foreign investors in Canadian company with substantial business presence in U.S. (11th Cir.), 779
– – Supreme Court solicits brief from Solicitor General (U.S.), 527

– Fund proceeds misrepresentation, claim against broker may proceed, claim against outside auditor dismissed (N.D. Cal.), 178
– Gun manufacturer, claims re product demand may proceed (D. Mass.), 378
– HealthSouth fraud

– – AIG Global Investment's untimely opt-out bid properly rejected, CEO indemnification agreement properly barred (11th Cir.), 591
– – Ernst & Young settlement approved (N.D. Ala.), 340

– Hedge funds

– – Holland & Knight, investors seek certification of negligent preparation claims (M.D. Fla.), 729
– – Manager accused by investors of concealing soaring redemptions (N.D. Tex.), 621

– Initial public offerings

– – Cosmetics (N.D. Ill.), 336
– – Disclosures, class action against telecom firm allowed to proceed in part (N.D. Cal.), 781
– – Offshore drilling company, investors in failed IPO may proceed, motion to dismiss denied (S.D. Tex.), 124
– – Price escalation, proposed settlement for consolidated claims (S.D.N.Y.), 345; preliminary approval granted, 596
– – Single class can be certified despite plaintiffs alleging violations of 1933 and 1934 Securities Acts (2d Cir.), 722

– Insider trading

– – Health care firms, claims re false statements about Medicare program may proceed (M.D. Tenn.), 329
– – InfoSpace shareholder may not seek disgorgement of AOL's alleged short swing profits from sale of stock (9th Cir.), 785
– – Mortgage company, claims against executives with unmodified 10b5-1 plans dismissed (C.D. Cal.), 382

– Integrity of the market presumption created individual reliance issues, certification inappropriate (9th Cir.), 718
– Lead plaintiffs

– – Bondholder's request to be lead plaintiff granted in suit against bank (E.D. Cal.), 866
– – Co-lead plaintiffs, motion to name rejected (D. Del.), 591
– – Investment adviser that lacks standing cannot represent class of its client investment funds (S.D.N.Y.), 679
– – 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

– Leveraged exchange-traded funds, investors allege ProShares misrepresented fund's objectives and risk of loss (S.D.N.Y.), 760
– Loss causation

– – Bribery of customers to secure business, claims against equipment maker fail to plead loss causation (9th Cir), 495
– – Certification of media company investors denied, expert's report failed to show loss causation (5th Cir.), 766
– – Certification stage, loss causation may be resolved at, Analysis & Perspective, 927
– – Expert testimony failed to link decline in stock price and exposure of alleged misrepresentations (10th Cir.), 186

– Madoff fraud

See MADOFF FRAUD

– Mall developer, loss causation need not be shown at certification (E.D. Va.), 428
– Medical device firms

See MEDICAL DEVICES

– Merrill Lynch named as defendant in several suits this year re securitizations and auction rate securities, 833
– Mortgage lending, pleading sent back for structural deficiencies and incoherence (W.D. Wash.), 534
– Mortgage pass-through certificates, pension fund files claims against Goldman Sachs (S.D.N.Y.), 157
– Navistar Intl. must face claims over alleged systemic accounting fraud, claims against Deloitte & Touche dismissed (N.D. Ill.), 730
– Netherlands, securities fraud, appeals court clears settlement over oil and gas reserves inflation, 538
– New York Stock Exchange specialist firms sued for trading violations, investor class certified, CalPERS named class representative (S.D.N.Y.), 623
– Oracle, loss causation not proven in earnings miss claims (N.D. Cal.), 600
– Pharmaceuticals

See PHARMACEUTICALS

– Pleadings, vague claims dismissed with prejudice (S.D.N.Y.), 393
– PricewaterhouseCoopers' audits allegedly concealed Doral Financial's fraudulent mortgage transactions, investors' claims dismissed (2d Cir.), 832
– PSLRA

See PRIVATE SECURITIES LITIGATION REFORM ACT (PSLRA)

– Ratings independence, investors sufficiently alleged false statements, but failed to adequately plead scienter (S.D.N.Y.), 183
– Scienter

– – Accounting, investor suit against Cadence Design Systems dismissed, scienter not adequately alleged (N.D. Cal.), 870
– – Confidential witness testimony must include specific details (3d Cir.), 433
– – Container company, dismissal of securities fraud claims affirmed on lack of scienter and standing (2d Cir.), 541
– – H&R Block suit dismissed, lead plaintiff failed to adequately plead scienter (8th Cir.), 878
– – Weight management company, plaintiffs' suit against Nutrisystem dismissed, scienter and standing lacking (E.D. Pa.), 874

– Secret payments to sell investors “shelf space funds,” dismissal affirmed (2d Cir.), 186
– Self-tender followed by dividend increase, failure to warn not improper (5th Cir.), 392
– SLUSA

See SECURITIES LITIGATION UNIFORM STANDARDS ACT (SLUSA)

– Solar energy firm alleged to have inflated value of inventory, class certified (N.D. Cal.), 109
– Standing, investment adviser may not bring claims on behalf of clients (U.S., rev den), 385
– Stock option backdating

– – Deadline for objections 2 weeks before final attorneys' fee request is due draws objections (N.D. Cal.), 436
– – UnitedHealth Group employees allege breach of fiduciary duty re backdated stock options, $17M settlement reached (D. Minn.), 788

– Stock price manipulation

– – Ericsson class action dismissed (S.D.N.Y.), 29; dismissal of suit affirmed (2d Cir.), 968
– – Qwest executives charged with collusion by investment companies that opted out of class settlement (D. Colo.), 107
– – Wireless equipment firm, claims re misleading statements and suspicious stock sales survive dismissal motion (S.D. Cal.), 436
– – Yahoo! investor suit dismissed (N.D. Cal.), 643

– Studies

– – Biotechnology companies, most claims related to accounting or financials, 397
– – Scheme liability, courts extend Stoneridge ruling more than expected, 199
– – Settlements, number and value lower in 2008 but forecasting difficult, 350

– Tax evasion scheme, New Orleans Retirement System charges UBS violated securities law to help investors evade federal taxes (S.D.N.Y.), 104
– TXU and former CEO sued by shareholders re self tender offer, suit dismissed (U.S., rev den), 921
– WellCare Health Plans allegedly involved in accounting scheme and regulatory compliance scheme, defendants' motion to dismiss denied (M.D. Fla.), 912

SECURITIES LITIGATION UNIFORM STANDARDS ACT (SLUSA)

– Bribery of brokers to place trades through particular broker-dealer, class claims by investors barred (7th Cir.), 188
– Claim should not have been dismissed with prejudice, preemption by SLUSA should be decided on the merits (9th Cir.), 491
– Closely held company sale, investment bank charged with misleading investors, claims remanded to state court under “Delaware carve-out” (9th Cir.), 179
– Entire action need not be dismissed if some claims are covered by Act (3d Cir.), 119
– Mutual funds, trust beneficiaries' class action against trust administrators preempted by SLUSA, complaint dismissed (N.D. Cal.), 868
– Mutual funds, variable annuity investors harmed by market timing, Act preempts claims (4th Cir.), 134
– Regions Morgan Keegan fund losses, investors' suit precluded by SLUSA, dismissed with prejudice (W.D. Tenn.), 963
– Removal jurisdiction, 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
– Removal to federal court, A.G. Edwards waited too long to seek (E.D. Mo.), 732
– Variable annuity investors' negligence claims dismissed (U.S., rev den), 921

SETTLEMENTS

– Antitrust

– – Bar review courses, secret attorney incentive agreements are conflict of interest in antitrust settlement (9th Cir.), 433
– – Disposable hypodermic products, proposed settlement reached (D.N.J.), 443; health care plaintiffs object to settlement, 484
– – Hospital conspiracy to contain wages of Albany, N.Y. nurses, preliminary settlement approval sought (N.D.N.Y.), 239; approval sought for settlement by Detroit hospitals (E.D. Mich.), 340
– – Insurance brokerage antitrust claims, class certified, settlement approved (D.N.J.), 217; settlement-only class, standard for certifying clarified (3d Cir.), 852
– – Methyl methacrylate manufacturers sued for alleged Sherman Act violations, settlement approved (E.D. Pa.), 964
– – Scrap metal, notice to absent class members of class determination and partial settlement sufficient (U.S., rev den), 331

– Appeal of certification denial not allowed after lead plaintiff voluntarily settled credit card claim (7th Cir.), 811
– Asbestos-tainted toy fingerprint kits, licensor and retailers settle consumer suit (Cal. Super. Ct., S.D.N.Y.), 646
– Attorney pleads guilty to felony charges after losing clients' settlement money by day trading in stock market (C.D. Cal.), 911
– Civil rights, police officers under video surveillance in locker room, final approval given to settlement (C.D. Cal.), 831
– Copyrights

– – Google Book Search digitization settlement, notification to copyright holders 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
– – Unregistered copyrights, jurisdiction lacking to approve settlement (U.S., rev grant), 228; (oral arg), 949

– Debit card overdrafts, settlement over increased fees approved (Cal. Super. Ct.), 191
– Discrimination

– – Sex discrimination, Univ. of Cal. at Davis settles female athletes' Title IX suit (E.D. Cal.), 642
– – Social Security disability benefits denied to beneficiaries improperly identified as “fleeing felons,” suit settled (N.D. Cal.), 690; settlement signed by judge (N.D. Cal.), 969

– Electric co-op, notice and agreement re retention of excessive capital claims found reasonable, settlement affirmed (Tex. App.), 287
– Employment benefits

– – Amount for which claim against public entity can be settled is impossible to state (Ariz.), 173
– – Employee stock ownership plans, paint company plan alleged to be prohibited transaction under ERISA, preliminary approval granted for settlement (N.D. Cal.), 134
– – Jurisdiction, no appellate review of disapproval of specific settlement (9th Cir.), 432
– – Mortgage-backed securities, State Street Bank and ERISA pension plans seek approval of $90M settlement (S.D.N.Y.), 879
– – Mortgage investment firm must make common stock payment to employees, stock drop settlement approved (C.D. Cal.), 874
– – UnitedHealth Group employees allege breach of fiduciary duty re backdated stock options, $17M settlement reached (D. Minn.), 788

– FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

– Health insurance

– – Eating disorders, settlement includes expanded coverage and reimbursements for denied claims (D.N.J.), 394
– – Provider reimbursement for out-of-network claims, UnitedHealth settles with physicians (S.D.N.Y.), 72
– – Retroactive cancellation, company settles claim (Cal. Super. Ct.), 194
– – Uninsured patients allegedly overcharged, Resurrection hospitals settle claims (Ill. Cir. Ct.), 31; settlement approved, 75

– HealthSouth fraud

– – AIG Global Investment's untimely opt-out bid properly rejected (11th Cir.), 591
– – Ernst & Young settlement approved (N.D. Ala.), 340

– Hurricanes Katrina and Rita, settlement approved with levee districts (E.D. La.), 876
– Job bias

See generally EMPLOYMENT DISCRIMINATION

– Labor

– – Attorney misconduct over proposed agreement, corrective orders valid even though judge disqualified for probable bias (Cal. Ct. App.), 633
– – Financial services firm to pay $2.8M in back wages and overtime to employees (E.D. Pa.), 742
– – High-dollar settlements of class actions may signal employer trend, 143
– – IBM sued by former worker for overtime pay, res judicata bars FLSA claims arising prior to judgment in hybrid suit (N.D. Okla.), 967
– – Notice of settlement to class members, lead counsel lacks duty to ensure all class members reply (Cal. Ct. App.), 680
– – Wage and hour cases, employers may settle directly with plaintiffs and bypass counsel (Cal.), 586
– – Wage and hour claims, Wal-Mart Stores to pay up to $35M to settle (Wash. Super. Ct.), 742

– Medical billing review systems, plaintiffs claim reimbursements incorrectly calculated, Allstate enters into settlement (Ill. Cir. Ct.), 787
– Mergers and acquisitions, Wrigley acquisition by Mars, opt-out bar in class settlement approved (Del. Ch.), 135
– National Football League Players Assoc., preliminary approval given to settlement for retired players (N.D. Cal.), 739; $26M settlement given preliminary approval, 785
– Oil and gas

– – Contaminated gasoline, settlement approved for damaged storage tanks (S.D.W. Va.), 343
– – Marine hose cartel, global settlement reached, 237
– – Netherlands, securities fraud, appeals court clears settlement over reserves inflation, 538
– – Well operator sued for allegedly improper billing and fees, certification and settlement upheld (Okla.), 856

– Opt-out procedure acceptable even though plaintiffs failing to opt out incur financial obligation to defendants (N.D. Ill.), 867
– Pharmaceuticals

– – AIDS drug, $10M settlement with Abbott Laboratories signed by judge (N.D. Cal.), 744
– – Anti-inflammatory drugs, unjust enrichment and marketing claims, preliminary approval given to global settlement (N.D. Cal.), 289; third-party payers and consumers allege fraudulent marketing, settlement approved (N.D. Cal.), 970
– – Broken Paxil pills, class certified, settlement approved (D.P.R.), 236
– – Cholesterol drug manufacturers of Vytorin and Zetia announce $41.5M settlement (D.N.J.), 740
– – Cholesterol drugs, generic versions of TriCor allegedly impeded from coming to market, claims settled (D. Del.), 441
– – 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

– Privacy

– – Bank of America sued for providing customer data to marketers, challenge to proposed settlement rejected (Cal. Ct. App.), 641
– – Cable television company allegedly sold subscribers' personal information to direct marketers, settlement approved (E.D.N.Y.), 738
– – Data breach by brokerage, preliminary approval given to settlement despite concerns (N.D. Cal.), 492
– – Facebook reaches proposed settlement re Beacon marketing system (N.D. Cal.), 918
– – TJX credit card data breach claims, data security trust fund set up for state Attorneys Gen. (Mass. Super. Ct.), 603
– – TJX credit card data breach claims, settlement agreement reached, 827; 2 banks request dismissal of action against TJX (D. Mass.), 873

– Product liability

– – Decking material with mold growth, settlement class certified (W.D. Wash.), 131
– – Televisions, bulb failures in high-end sets, claims settled (E.D.N.Y.), 266
– – Tires, claims of premature tread wear and failure to honor warranty settled (D.N.J.), 288
– – Toys, Mattel agrees to settlement re lead recall (C.D. Cal.), 965
– – Transmissions, General Motors settles defective design claim (E.D. Cal.), 442

– Retirement

– – Defined benefit pension plan, claims re amendment settled, class certified (N.D. Iowa), 215
– – Investment advisers, settlement reached on deferred compensation claims (D.N.J.), 344
– – Steel company, health care settlement affirmed, objectors may not intervene (6th Cir.), 392
– – Tyco employees' suit against company settled for $70.5M (D.N.H.), 785

– Securities

– – Attorneys for objectors to settlement denied fees (D. Minn.), 913
– – Economic evaluation of settlement not required (U.S., rev den), 434
– – Inflation of stock price, Qwest executives charged with collusion by investment companies that opted out of class settlement (D. Colo.), 107
– – Initial public offerings, proposed settlement for consolidated price escalation claims (S.D.N.Y.), 345; preliminary approval granted, 596
– – Madoff fraud, settlement offer by banking subsidiary rejected by investors (S.D. Fla.), 106
– – Madoff fraud, variable universal life insurance policyholders partially settle claims against investment manager and insurance company (S.D.N.Y.), 827
– – Philadelphia Stock Exchange, acquisition of ownership control by institutional investors, allocation of settlement proceeds upheld (Del.), 135
– – Subprime mortgage-backed assets, Merrill Lynch claims by investors and employees settled (S.D.N.Y.), 76; preliminary approval given to $150M settlement, 786
– – Trends, number and value of securities settlements lower in 2008 but forecasting difficult, 350

– September 11, settlements reached in wrongful death and personal injury claims (S.D.N.Y.), 290
– Study finds Cal. class claims most often resolved by settlement, 396
– Toxic torts

– – Asbestos, homeowners' claims against W.R. Grace & Co., settlement class certified (Bankr. D. Del.), 112
– – Canada, settlement reached in groundwater contamination claims, 601
– – Noxious air emissions from chemical plants, 2 settlements preliminarily approved, another rejected (W.D. Ky.), 647
– – Steel mill neighbors' settlement with U.S. Steel upheld despite objections (6th Cir.), 915

– Wireless contract early termination fees, Sprint Nextel settles class action (D.N.J.), 28
– Yogurt maker sued for allegedly false advertising claims, settlement reached (N.D. Ohio), 916

SEX DISCRIMINATION

– Job bias

See EMPLOYMENT DISCRIMINATION

– Schools, Title IX suit by female athletes, Univ. of Cal. at Davis settles (E.D. Cal.), 642

SHIPS AND SHIPPING

– Arbitration

– – 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
– – Wages, cruise line worker cannot pursue class arbitration for back pay, arbitrator rules, 632

– Container company, dismissal of securities fraud claims affirmed on lack of scienter and standing (2d Cir.), 541
– Exxon Valdez oil spill, 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
– Foreign-cubed action, district court has subject matter jurisdiction over claims by foreign investors in Canadian company with substantial business presence in U.S. (11th Cir.), 779
– Marine hose cartel, global settlement reached, 237
– Pipefitters, Brazilian guestworkers allege exploitation and visa fraud (S.D. Miss.), 464
– Price fixing, jurisdiction must be decided before dismissal for failure to state claim (Tenn. Ct. App.), 232

SLUSA

See SECURITIES LITIGATION UNIFORM STANDARDS ACT (SLUSA)

SMOKING

See TOBACCO INDUSTRY

SOCIAL SECURITY

– Banking overdraft fees, oral arguments address use of benefits to satisfy (Cal.), 335
– Disability benefits denied to beneficiaries improperly identified as “fleeing felons,” settlement reached (N.D. Cal.), 690; settlement signed by judge (N.D. Cal.), 969
– Privacy, identification number stolen from county website, financial damage not liberty interest protected by due process (U.S., rev den), 70

SOFTWARE

– Operating system, consumers claim laptops unable to run Vista (N.D. Cal.), 311
– Scheduled failure, customers may bring claims under CFAA and state consumer protection law (D.N.J.), 126
– Securities fraud

– – Accounting, investor suit against Cadence Design Systems dismissed, scienter not adequately alleged (N.D. Cal.), 870
– – Capitalizing software development costs to avoid recognition as expenses, investor claim dismissed for failure to plead scienter (9th Cir.), 70
– – Enterprise applications, loss causation not proven (N.D. Cal.), 600

– Taxation, antitrust claims against companies offering free filing for specific income levels dismissed (E.D. Pa.), 286

SOLICITATION

– Sanctions against law firm affirmed for solicitation of clients via telephone (11th Cir.), 825

SPECIAL REPORTS

– Retirement plan sponsors, claims against investment advisers, 244
– Supreme Court

– – Sotomayor nomination, analysis of potential rulings, 556
– – 2008-2009 term, review of landmark decisions, 696

SPORTS AND RECREATION

– Antitrust, product licensing

– – College athletes sue NCAA for profits from sale of products bearing their likenesses (N.D. Cal.), 667
– – NFL clothing, Sherman Act exemption for single source of economic power (U.S., rev grant), 648

– Basketball season ticket holders, class certified for breach claims in team move (W.D. Wash.), 221
– Boating, claims that oil company failed to warn of damage to engines from ethanol blended gasoline not preempted by federal law (S.D. Fla.), 122
– Football memorabilia, jury verdict requiring players' union to pay royalties to retirees upheld (N.D. Cal.), 71; preliminary approval given to settlement for retired players, 739; $26M settlement given preliminary approval, 785
– Professional wrestlers, independent contractor status not breach, unjust enrichment claim fails (D. Conn.), 236
– Sex discrimination, Univ. of Cal. at Davis settles female athletes' Title IX suit (E.D. Cal.), 642

STANDING

– Associational standing, chiropractic society and physical therapy organization may pursue claims on behalf of practitioners and patients (D. Ariz.), 439
– Baby seat, purchaser who failed to allege injury lacks standing (N.D. Cal.), 388
– Banquet servers challenge hotel use of customer service charges, standing question certified to state supreme court (D. Haw.), 590
– Cell phones, unfair competition claim sufficiently alleged against AT&T, dismissal of legal remedies claim reversed, false advertising claim properly dismissed (Cal. Ct. App.), 906
– Cellular telephone system standards, end-customer injuries from patent license terms 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
– Employment discrimination, initial assignments claims fail due to lack of timely administrative charges (N.D. Cal.), 529
– False advertising

– – Class representatives are only plaintiffs subject to standing and reliance requirements (Cal.), 469
– – Oral contraceptives, lead plaintiffs lack standing, suit dismissed (E.D. Cal.), 688

– FLSA claims, workers who accepted offer of judgment cannot appeal denial of class certification (9th Cir.), 575
– 401(k) plans

– – Bank, former employee who cashed out of plan lacks standing (D. Minn.), 282
– – Money-transfer company, former employee with colorable claim to benefits has standing (D. Minn.), 329

– Gift card holder's unjust enrichment and unfair competition claims allowed, McDonald's motion to dismiss false advertising claim granted (S.D. Cal.), 913
– Identity theft, plaintiff's claims dismissed, fear of future harm not enough to succeed on the merits (D. Conn.), 918
– Life insurance, estate of deceased employees do not have standing in claims over COLI proceeds (M.D. Fla.), 522
– Mutual funds, adviser cannot bring claim on behalf of clients, dismissed with leave to amend (N.D. Cal.), 231
– Oil-for-Food Programme, Iraqi citizens allege private companies conspired with Saddam Hussein regime, dismissal of suit upheld (2d Cir.), 966
– Pensions

– – Amgen worker who cashed out of defined contribution plan has standing to sue for breach of fiduciary duty (9th Cir.), 677
– – Cash balance plan sued over calculation of lump-sum distributions, class representative lacks standing, class certification denied (D. Ariz.), 523

– Pro se prisoner has standing to appeal certification and settlement, but appeal lacks merit (3d Cir.), 224
– Securities fraud

– – Aimis Art lacks standing re auction rate securities claim, class action dismissed (S.D.N.Y.), 786
– – Container company, dismissal of claims affirmed on lack of scienter and standing (2d Cir.), 541
– – Investment adviser may not bring claims on behalf of clients (U.S., rev den), 385
– – Lead plaintiffs, investment adviser that lacks standing cannot represent class (S.D.N.Y.), 679
– – Medical device firm, investor who sold shares at loss before price drop need not show loss causation to bring claims (S.D.N.Y.), 126
– – Weight management company, plaintiffs' suit against Nutrisystem dismissed, scienter and standing lacking (E.D. Pa.), 874

– Travelocity, consumer suit dismissed, named plaintiff lacked standing (Tex. Ct. App.), 642
– Treasury notes, PIMCO sued for cornering market for futures contracts, purchaser has standing, class certified (7th Cir.), 623
– Union cannot sue employer for meal and rest breaks missed by workers (Cal.), 630
– Used car buyers lack standing to sue dealerships not involved in sales transactions (Alaska), 682

STATE AND LOCAL GOVERNMENT

– Ed. Note: For issues regarding a specific state, see name of state. For issues on a specific subject, see relevant subject heading.
– Bonds, city allegedly defaulted on, investors allegedly misled by official statements (N.D. Ind.), 897
– Employees

See GOVERNMENT EMPLOYEES

– Litigation reform, 2009 Legislative Outlook, 88

STATUTES OF LIMITATIONS

– Blood factor concentrates, claims time-barred in both Taiwan and Cal. (N.D. Ill.), 377
– Building society conversion claim, statute of limitations tolled by earlier filing (9th Cir.), 475
– Employment discrimination

– – Extension of filing limits

See LEGISLATION, FEDERAL, HR 11

– – Race, certified class members' individual claims tolled until class action proceedings resolved (5th Cir.), 67

– Rails to trails takings claim, limitations period not tolled for opt-in class members (Ct. Fed. Cl.), 232
– Retirement plans

– – Asbestos liability, offering company stock as option in period leading up to bankruptcy, fiduciary breach claims time-barred (N.D. Ohio), 29
– – Energy company, statute of limitations tolled on denial of certification for inadequate representation, employee may intervene as class representative (S.D. Ohio), 226

– Securities fraud

– – Arthritis drug, investor claims that clinical study contained misrepresentations is timely (3d Cir.), 123
– – 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

– Telemarketing, statute of limitations begins to run from first transaction under EFTA (6th Cir.), 535
– Unemployment benefits, employee class satisfies factors for equitable tolling (Cal. Ct. App.), 275

SUPREME COURT, U.S.

– Arbitration

– – Credit cards, merchants may pursue class arbitration over disputed fees (rev sought), 634
– – Non-signatories to agreement may not stay litigation pending arbitration (oral arg), 227; nonparties may seek immediate appeal of denial of stay (rvs), 444
– – Shipping contracts, class arbitration (stay den), 177; allowing class arbitration where agreement is silent (rev grant), 583
– – Unionized employees must arbitrate age bias claims (rvs and rem), 347

– Attorneys' fees, representatives of foster children in civil rights case may receive enhancement for superior representation (rev grant), 327; (oral arg), 951
– Corporate citizenship, “place of operations” test to determine (rev grant), 527
– Employment

– – Certification under FLSA challenged by Family Dollar Stores, $36M in overtime pay awarded to store managers (rev den), 923
– – Firefighter promotion tests, city improperly discarded results that favored white applicants (rvs), 637; lawyers assess decision, Special Report, 696
– – Firefighter promotion tests, definition of timely filing under Title VII, solicitor general brief invited, 489; (rev grant), 920
– – Labor unions, access of motor vehicle records for organizing campaign was violation of Driver's Privacy Protection Act (rev den), 282
– – Mass layoffs, seeking financing after WARN Act notice period begins disqualifies failing firm defense (rev den), 332
– – Racial discrimination, pay claims by Hispanic employees of grocery chain, trial court improperly rejected certification of class (rev den), 112
– – Sex discrimination, female Navy employees not entitled to interest on back pay or attorneys' fees (rev den), 595

– Intellectual property

– – Sports team trademarks, NFL Properties' grant of exclusive license to use (rev grant), 648
– – Unregistered copyrights, jurisdiction lacking to approve settlement (rev grant), 228; (oral arg), 949

– Notice to absent class members of class determination and partial settlement sufficient (rev den), 331
– Notification of class, defendant ordered to pay costs since only party able to, due process concerns expressed by Supreme Court Justices (rev den), 949
– Parking brake defects, GM vehicle owners class certified (rev den), 61
– Preemption, salmon sold by grocery stores not labeled as artificially colored, state law claims not preempted (rev den), 64
– Privacy, Social Security number stolen from county website, financial damage not liberty interest protected by due process (rev den), 70
– Securities

– – Economic evaluation of settlement not required (rev den), 434
– – Foreign-cubed action, Supreme Court solicits brief from Solicitor General, 527
– – Inquiry notice not triggered by public documents re Vioxx risks (rev grant), 531; SIFMA argues court erred in reinstating shareholder claims, amicus brief filed, 776
– – Loss causation in securities fraud claim adequately pleaded where demand was fueled by biopharmaceutical company's unlawful marketing practices (rev den), 385
– – PSLRA's fraud pleading standard, trustees' lawsuit re Parmalat collapse dismissed (rev den), 921
– – SLUSA jurisdiction, variable annuity investors' negligence claims dismissed (rev den), 921
– – Standing, investment adviser may not bring claims on behalf of clients (rev den), 385
– – TXU and former CEO sued by shareholders re self tender offer, securities fraud suit dismissed (rev den), 921

– Sotomayor nomination, analysis of potential rulings, Special Report, 556
– State legislature may prohibit federal class action for state law claim (rev grant), 430
– Toxic torts

– – Agent Orange, injury claims dismissed (rev den), 235
– – Exxon Valdez oil spill, seafood processors' attempts to get larger share of awards denied (9th Cir.), 737; (rev den), 922
– – Pesticide exposure, West African fruit workers may maintain separate suits to avoid removal under CAFA (9th Cir.), 326; (rev den), 920

– Truth in Lending Act, actual damage not shown from failure to comply in credit life insurance policy (rev den), 281
– 2008-2009 term, review of landmark decisions, Special Report, 696

SURVEILLANCE

– FISA, claims against telecommunications companies cooperating with government investigations dismissed (N.D. Cal.), 540

SWEDEN

– Lead plaintiff, Swedish money manager rejected, union pension fund appointed in securities fraud suit against American Express (S.D.N.Y.), 823