Class Action Litigation Report® Index-Summary

WAGES

– Arbitration of back pay claims, cruise line worker cannot pursue class arbitration, 632
– Beef processing, workers may proceed with FLSA, state wage and hour law claims (D. Kan.), 164
– Capital accumulation plans, Citigroup did not violate state wage law by forfeiting stock of employees participating in plans (Conn.), 21
– Car wash owners, state claims for alleged wage and hour violations (Cal. Super. Ct.), 197
– Certification denials, interlocutory review no longer allowed in cases involving small amounts for class members (Ariz.), 815
– Commissions

– – Charge-backs, class decertified on appeal for multiple failures of analysis (11th Cir.), 314
– – Under-calculation, account executive class certified (D. Kan.), 14

– Construction workers, wage and hour claims settled (C.D. Cal.), 240
– Deposition in wage and hour claim, newspaper violated federal law by seeking union views of employee (NLRB), 19
– FedEx delivery drivers, 5 subclasses certified in wage and hour claims (N.D. Cal.), 425
– Financial services firm to pay $2.8M in back wages and overtime to employees (E.D. Pa.), 742
– FLSA

See FAIR LABOR STANDARDS ACT (FLSA)

– Garbage truck driver, arbitration agreement waiving class arbitration and barring civil penalties on behalf of others found unconscionable (Cal. Ct. App.), 275
– Health club, bankruptcy affects decision to certify, employee claims too unique for certification (S.D.N.Y.), 372
– Landscapers, prevailing wage and fraud claims may proceed (C.D. Cal.), 378
– Law firm employees sue former partners for wages owed (N.D. Cal.), 621
– Living wage law, rule restricting application to employees of private firms based on hours worked on city contracts invalid (Cal. App. Ct.), 174
– Minimum wage

See MINIMUM WAGE

– Nurses, wage suppression claims

– – Certification denied for plaintiffs' claims against hospitals (N.D. Ill.), 902
– – Preliminary settlement approval sought for nurses' claims (N.D.N.Y.), 239; second settlement approval request in series of claims (E.D. Mich.), 340

– Overtime

See OVERTIME

– Pet food maker employees granted certification on state law overtime claims, complaint also alleges FLSA violations (N.D. Ill.), 814
– Private Attorneys General Act suit by employees does not need to comply with class action requirements (Cal.), 629
– Professional wrestlers, independent contractor status does not unjustly enrich WWE, no private right to enforce tax code (D. Conn.), 236
– Settlements, employers may settle directly with plaintiffs and bypass counsel (Cal.), 586
– Sex discrimination

See LEGISLATION, FEDERAL, HR 11

– Tips

– – Banquet servers challenge hotel use of customer service charges, standing question certified to state supreme court (D. Haw.), 590
– – Casino dealers, mandatory contribution to tip pool does not violate state law (Cal. Ct. App.), 133
– – Casino dealers, sharing of tips with supervisors, dealers file challenge suit (D. Nev.), 668
– – Restaurant pooling requirements, workers seek approval of settlement (S.D.N.Y.), 195
– – Tip box, limited supervisory duties do not bar sharing in tips (Cal. Ct. App.), 545; no review of lower court's ruling (Cal.), 866

– Union lacks standing to sue on behalf of members (Cal.), 630
– 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

WARN ACT

See WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

WARRANTIES

– Air conditioners, warranty not extended based on statements by manufacturer (10th Cir.), 600
– HDTV owners consolidate and file amended complaint claiming Sony concealed display defects (S.D. Cal.), 762
– iPhone aftermarket and warranty claims, motion to dismiss rejected (N.D. Cal.), 280
– Laptops

– – Memory, consumers claim machines cannot run Vista (N.D. Cal.), 311
– – Screens, customers fail to state claim due to lack of affirmative misrepresentation or special relationship (9th Cir.), 237

– Light cigarettes, deceptive advertising claims filed by plaintiffs (D. Kan.), 715; (E.D. Tex.), 715
– Motor vehicles

See MOTOR VEHICLES

– Touchpads allegedly defective in laptops, suit filed against Sony (C.D. Cal.), 849
– Veggie burger mislabeling, Dr. Praeger's Sensible Foods denied leave to file decertification and summary judgment motions (D.N.J.), 811
– Window manufacturer sued for alleged leaking, certification granted, subclass approved for warranty claims (E.D. Cal.), 859

WASHINGTON

– Basketball season ticket holders, class certified for breach claims in team move (W.D. Wash.), 221
– Cell phones, class arbitration waiver found unenforceable despite pro-consumer provisions (W.D. Wash.), 536
– Expedia ordered to pay damages to consumers for failure to disclose taxes and fees (Wash. Super. Ct.), 542
– FedEx delivery drivers found to be independent contractors, shipper not required to pay overtime (Wash. Super. Ct.), 342
– Wage and hour suit filed against in-home care provider, plaintiffs not entitled to dismiss claims without notice to lawyer (Wash. Ct. App.), 958
– Wal-Mart Stores to pay up to $35M to settle wage and hour claims (Wash. Super. Ct.), 742

WASHINGTON, D.C.

See DISTRICT OF COLUMBIA

WATER POLLUTION

– Drinking water

– – Canada, settlement reached in contamination claims, 601
– – 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

– Exxon Valdez oil spill, punitive damages payments begin, plaintiffs still dispute interest, fees, 33; seafood processors' attempts to get larger share of awards denied (9th Cir.), 737; seafood processor files appeal (U.S., rev den), 922
– Ground water allegedly contaminated by Raytheon, property owners' suit certified (M.D. Fla.), 903

WEST VIRGINIA

– Contaminated gasoline, settlement approved for damaged storage tanks (S.D.W. Va.), 343

WIRELESS COMMUNICATIONS

– Add-on content, CAFA jurisdiction met by estimate of potential damages (W.D. Wis.), 273
– Arbitration agreements

– – Actual injury must be shown under Cal. Legal Remedies Act, service agreement claim may proceed (Cal.), 127; rehearing denied, 328
– – Class action waiver found unenforceable despite pro-consumer provisions (W.D. Wash.), 536
– – Class action waiver unconscionable (9th Cir.), 334
– – Small claims court option renders agreement in wireless contract conscionable (S.D.W. Va.), 130

– Early termination fees, Sprint Nextel settles class action (D.N.J.), 28
– Employee commission charge-backs, class decertified on appeal for multiple failures of analysis (11th Cir.), 314
– iPhones

– – Aftermarket and warranty claims, motion to dismiss rejected (N.D. Cal.), 280
– – MMS messages and data tethering, Apple and AT&T sued over alleged deceptive marketing of new models (N.D. Cal.), 849
– – MMS messages, Apple and AT&T oversold messaging capability of new models (N.D. Ohio), 806

– Overcharged customers, class certification denied (N.Y. Sup. Ct.), 217
– Patent licenses to support universal system standard, end-customer injuries too remote to support standing (S.D. Cal.), 287
– Securities fraud

– – Ericsson class action alleging inflated stock price dismissed (S.D.N.Y.), 29; dismissal of suit affirmed (2d Cir.), 968
– – Novatel, claims re misleading statements and suspicious stock sales survive dismissal motion (S.D. Cal.), 436
– – Sprint contractor, nondisclosure of coercion to take on risk and give up autonomy creates claim (5th Cir.), 383

– T-Mobile employees who accepted offer of judgment have no standing to appeal denial of certification (9th Cir.), 575
– Text messages

– – Computer Fraud and Abuse Act, losses can be aggregated by multiple users on multiple computers to meet damages threshold (D. Minn.), 731
– – Telephone Consumer Protection Act, text messages to cell phones deemed calls (9th Cir.), 594

– Unfair competition claim sufficiently alleged against AT&T, dismissal of legal remedies claim reversed, false advertising claim properly dismissed (Cal. Ct. App.), 906
– Vehicle emergency response systems, no review of purchaser class certification (3d Cir.), 525

WIRETAPPING

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

WISCONSIN

– Attorneys, graduates of state law schools allowed to practice without taking bar exam, challenge suit by out-of-state graduates reinstated (7th Cir.), 678
– Bonds, city allegedly defaulted on, investors allegedly misled by official statements (N.D. Ind.), 897
– Mobile phone add-on content, CAFA jurisdiction met by estimate of potential damages (W.D. Wis.), 273

WITNESSES AND TESTIMONY

– Certification, eBay's request for evidentiary hearing denied, substantial discovery conducted (N.D. Cal.), 862
– Depositions

– – Document retention, pipe fittings company ordered to name witness on preservation of evidence (D. Minn.), 22
– – Newspaper violated federal law by seeking union views of employee (NLRB), 19
– – Pharmaceuticals, nonparties may not be deposed during precertification discovery (E.D.N.Y.), 426

– Experts

See EXPERT WITNESSES

– Nicaraguan banana worker claims, attorneys recruited and trained fraudulent witnesses, cases dismissed (Cal. Super. Ct.), 441
– Scienter, confidential witness testimony must include specific details (3d Cir.), 433

WORKER ADJUSTMENT AND RETRAINING NOTIFICATION (WARN) ACT

– Mass layoffs, seeking financing after WARN Act notice period begins disqualifies failing firm defense (U.S., rev den), 332