Class Action Litigation Report® Index-Summary

TAIWAN

– 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

TAXATION

– Avoidance scheme marketed as retirement plan, negligent misrepresentation and nondisclosure claims survive (N.D. Tex.), 382
– Communications excise tax refunds, RadioShack's second motion for certification denied (Fed. Cl.), 222
– Hotel reservation firms

See ELECTRONIC COMMERCE

– Political Contribution Refund program eliminated, Green Party contributor files suit alleging governor violated state law (Minn. Dist. Ct.), 712
– Professional wrestlers, independent contractor status does not unjustly enrich WWE, no private right to enforce tax code (D. Conn.), 236
– Return preparers

– – Free filing, antitrust claims against software alliance dismissed (E.D. Pa.), 286
– – Liability insurance, decertification of defendant preparers class did not relate back to original complaint, CAFA removal proper (7th Cir.), 423
– – Privacy, disposal by tax preparer of personal information in trash, certification of customer class premature (E.D. La.), 65
– – Rapid Refund program, H&R Block did not waive right to seek decertification of plaintiff class (Pa.), 627

– Securities fraud, New Orleans Retirement System charges UBS violated securities law to help investors evade federal taxes (S.D.N.Y.), 104
– Shelters, non-signatories to arbitration agreement may not stay litigation pending arbitration (U.S., oral arg), 227
– Tax refunds

– – Defendants' motion to sever suit denied, allegedly failed to pay tax refunds to plaintiffs (E.D. Tex.), 826
– – Treasury Dep't illegally withheld refunds to satisfy Army and Air Force Exchange Service credit card debt, class certified (N.D. Cal.), 269

– Telephone tax, challenger may not make class claim (Cal. Ct. App.), 533; lower court's ruling to be reviewed (Cal.), 866
– Turnpike tolls, claim alleges diversion of revenues amounts to illegal tax (Mass. Super. Ct.), 515
– Utility user tax, LA County residents file suit alleging constitutional and election law violations (Cal. Super. Ct.), 763

TCPA

See TELEPHONE CONSUMER PROTECTION ACT (TCPA)

TELECOMMUNICATIONS

– Age discrimination, AT&T sued by EEOC for not rehiring former employees (S.D.N.Y.), 762
– Call center employees, FLSA and state law claims settled (D. Kan.), 132
– Cell phones

See WIRELESS COMMUNICATIONS

– Employee stock drop claims

– – Level 3, claims allege concealment of acquisition integration problems at carrier (D. Colo.), 309
– – Tellabs, verdict reached that officials did not breach fiduciary duties by retaining stock in plan (N.D. Ill.), 538

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

– – Disclosures, class action against telecom firm allowed to proceed in part (N.D. Cal.), 781
– – Single class can be certified despite plaintiffs alleging violations of 1933 and 1934 Securities Acts (2d Cir.), 722

– Internet

See INTERNET

– Securities fraud

– – Bribery of customers to secure business, claims against equipment maker fail to plead loss causation (9th Cir), 495
– – Tellabs class certified, ERISA claimants may join shareholder class (N.D. Ill.), 220

– Settlement, opt-out procedure acceptable even though plaintiffs failing to opt out incur financial obligation to defendants (N.D. Ill.), 867
– Solicitation of clients via telephone, sanctions against law firm affirmed (11th Cir.), 825
– TCPA

See TELEPHONE CONSUMER PROTECTION ACT (TCPA)

– Telemarketing, statute of limitations begins to run from first transaction under EFTA (6th Cir.), 535
– Telephone tax, challenger may not make class claim (Cal. Ct. App.), 533; lower court's ruling to be reviewed (Cal.), 866

TELEPHONE CONSUMER PROTECTION ACT (TCPA)

– Faxes

– – Certification denied for suit against Afgo Mechanical Services (D.N.J.), 810
– – Certification reversed due to improperly defined class, plaintiff sued company for alleged violations (La. Ct. App.), 858
– – Large number of unsolicited documents sent warrants certification of recipient company as class (N.D. Ill.), 167

– Text messages deemed calls (9th Cir.), 594

TELEVISION

– Attorneys' fees split between N.Y. and Del. counsel in suit re cable company's exchange of tracking stock (Del. Ch.), 598
– Bulb failures in high-end sets, claims settled (E.D.N.Y.), 266
– HDTV owners consolidate and file amended complaint claiming Sony concealed display defects (S.D. Cal.), 762
– HDTV subscribers sue DIRECTV for allegedly false advertising, denial of certification affirmed (Cal. Ct. App.), 899
– Privacy, cable company allegedly sold subscribers' personal information to direct marketers, settlement approved (E.D.N.Y.), 738
– Reality show employees

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

TENNESSEE

– Online travel company's motion to dismiss denied, administrative remedies need not be exhausted before bringing unpaid hotel tax claims (M.D. Tenn.), 381
– Transportation company, jurisdiction must be decided before dismissal for failure to state claim (Tenn. Ct. App.), 232

TESTIMONY

See WITNESSES AND TESTIMONY
– Experts

See EXPERT WITNESSES

TEXAS

– Arbitration, provision in computer sales agreement enforceable under state law (E.D. Mich.), 66
– Consumer suit against Travelocity dismissed, named plaintiff lacked standing (Tex. Ct. App.), 642
– Electric co-op, notice and agreement re retention of excessive capital claims found reasonable, settlement affirmed (Tex. App.), 287
– Exxon chemical plant fire, consolidated actions removed to federal court (5th Cir.), 193
– Fuel wholesalers, gas pumps delivered less fuel than registered, pending class actions consolidated (Tex.), 182
– Health insurance, state medical society among claimants for underpayment of out-of-network medical providers (D.N.J.), 159
– Homeowners' insurance, discrimination claim re pricing of policies using undisclosed factors improperly “reverse preempted” (9th Cir.), 488
– Light cigarettes, plaintiffs file suit alleging deceptive advertising by manufacturers (E.D. Tex.), 715

TILA

See TRUTH IN LENDING ACT (TILA)

TOBACCO INDUSTRY

– Israel, claims allege menthol boosts addictive properties of nicotine, 463
– Light cigarettes

– – Deceptive advertising claims, plaintiffs file suit alleging (D. Kan.), 715; (E.D. Tex.), 715
– – State claims not preempted (Mass.), 274

– Post-Engle claims

– – Bar owner, addiction not proven where decedent knew risks and did not quit (Fla. Cir. Ct.), 339
– – Punitive and compensatory damages granted to family of longtime smoker (Fla. Cir. Ct.), 190

– Smokeless tobacco, forum selection clause in settlement not binding on counsel making self-serving changes (4th Cir.), 585
– Smokers' individual medical monitoring claims deemed viable, no ruling on certification (Mass. Sup. Jud. Ct.), 951
– Standing and reliance requirements apply only to class representatives in deceptive advertising claims (Cal.), 469

TORTS

See also TOXIC TORTS
– Alien Tort Statute

See ALIEN TORT STATUTE (ATS)

– Contaminated gasoline, settlement approved for damaged storage tanks (S.D.W. Va.), 343
– Emergency siren manufacturer sued by Phila. firefighters (Ill. Cir. Ct., Cook County), 941
– Human experimentation by CIA, veterans bring compensation claims against federal government (N.D. Cal.), 55
– Hurricane Katrina

– – Claims against Port of New Orleans dismissed (5th Cir.), 193
– – Global warming, Mississippi property owners may proceed with tort suit (5th Cir.), 947

– Negligence

See NEGLIGENCE

– Okla. governor signs comprehensive tort reform law, 551
– September 11, settlements reached for wrongful death and personal injury (S.D.N.Y.), 290
– Smokers' individual medical monitoring claims deemed viable, no ruling on certification (Mass. Sup. Jud. Ct.), 951

TOXIC TORTS

– Agent Orange, injury claims dismissed (U.S., rev den), 235
– Air pollution, parents file claims (Ind. Cir. Ct.), 310
– Asbestos

See ASBESTOS

– Bathing products for children, claim alleges unlabeled carcinogens (D.N.J.), 513
– Beryllium exposure, Boeing employees denied certification of suit against Brush Wellman (Cal. Ct. App.), 808
– China's toxic milk scandal, parents bring claims against dairies (Supreme People's Court), 57; dairies offer settlement, 77
– Cleanups

– – Auto parts manufacturer, claims may continue during superfund activities (S.D. Ohio), 437
– – Zinc, state-initiated work is not converted to federal act subject to CAFA by adherence to superfund standards (W.D. Okla.), 431; suit remanded to state court under CAFA's local controversy exception (10th Cir.), 818

– Dioxin contamination, certification of property owners remanded, trial judge failed to make adequate factual determination (Mich.), 726
– Du Pont facility chemical release, failure to show medical causation, defense verdict affirmed (La. Ct. App.), 131
– Exxon chemical plant fire, consolidated actions removed to federal court (5th Cir.), 193
– Flea collars, NRDC files claims for lack of cancer warnings (Cal. Super. Ct.), 420
– Formaldehyde, FEMA trailer residents claiming exposure denied certification (E.D. La.), 12; first bellwether trial scheduled, 379; state tort claims preempted by federal housing laws and regulations, 548
– Liability, changing theories, Analysis & Perspective, 975
– Maganese fumes from welding rods, claims against makers from exposure (E.D. Tex.), 6
– Nanotechnology, torts arising from, Analysis & Perspective, 39; websites of interest, 48
– Nigeria, settlement reached re execution of environmental protesters (S.D.N.Y.), 549
– Noxious air emissions from chemical plants, 2 settlements preliminarily approved, another rejected (W.D. Ky.), 647
– Oil spills

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

– Paper manufacturing facility's chemical emission, plaintiffs' dismissed claims need more specificity (M.D. Ala.), 819
– PCB class action suit remanded to state court under CAFA's local controversy exception (S.D. Ill.), 781
– Pesticide exposure claims

See AGRICULTURE

– Poultry waste disposal in river watershed, refusal to grant injunction upheld (10th Cir.), 501
– Space center workers, exposure to beryllium not “compensable injury,” claims dismissed (5th Cir.), 79
– Steel mill neighbors' settlement with U.S. Steel upheld despite objections (6th Cir.), 915
– Superfund buyout, residents file claims of undervalued property and insufficient insurance reimbursement (Okla. Dist. Ct.), 312
– Teflon-coated cookware, claims voluntarily dismissed after certification refused (S.D. Iowa), 498
– Toxic waste

– – Brazilians file claims against chemical, pharmaceutical, and oil companies for dumping (S.D. Ind.), 419
– – Government contractors in Iraq and Afghanistan improperly burned waste, veterans allege (N.D. Okla.), 713

– Water pollution

– – Canada, settlement reached in contamination claims, 601
– – Chevron brings international arbitration claim against Ecuador re class action, 909
– – Ground water contamination alleged against Raytheon, property owners' suit certified (M.D. Fla.), 903
– – Lead, parent sues public utility for cover-up (D.C. Super. Ct.), 160
– – Teflon-related chemical, certification denied for medical monitoring claims (D.N.J.), 15
– – Teflon-related chemical, residents' nuisance claims against Du Pont plant certified (D.N.J.), 945
– – Vinyl chloride claims, certification of class survives challenge by competing class (La. Ct. App.), 470

TRADEMARKS

– Keyword advertising, claims allege Google profited from confusion (E.D. Tex.), 463
– Sports, NFL Properties' grant of exclusive license to use teams' marks (U.S., rev grant), 648

TRANSPORTATION

– Aircraft

See AIR TRANSPORTATION

– Motor carriers

See MOTOR CARRIERS

– Motor vehicles

See MOTOR VEHICLES

– Railroads sued for fixing rail freight prices, bifurcation of discovery into pre- and post-certification phases denied (D.D.C.), 675
– Ships

See SHIPS AND SHIPPING

TRUCKING INDUSTRY

See MOTOR CARRIERS

TRUTH IN LENDING ACT (TILA)

– Credit cards

– – Appeal of certification denial not allowed after lead plaintiff voluntarily settled claim (7th Cir.), 811
– – Disclosure of interest rates fails to give adequate notice (9th Cir.), 529

– Credit life insurance policy, actual damage not shown from failure to comply (U.S., rev den), 281
– Damages, banking groups argue reliance is required to recover for nondisclosure (3d Cir.), 478
– Home equity lines of credit, Wells Fargo violated law by reducing limits, plaintiffs claim (N.D. Ill.), 759
– Refund Anticipation Loan, finance charge not refundable “interest” under Act (9th Cir.), 26