Legal News Lancaster, PA
Appeals Panel Affirms Denial Of Employment Class Against Wal-Mart
ALBANY, NY - A New York appellate court on Dec. 4 affirmed an Albany County Supreme Court judge's decision to deny certification of a class of current and former hourly Wal-Mart Stores Inc. employees who claim that the retailer unlawfully deprived them of compensation (Bryan Alix, et al. v. Wal-Mart Stores Inc., No. 504339, N.Y. Sup., App. Div., 3rd Dept.; 2008 N.Y. App. Div. LEXIS 9210; See 7/5/07, Page 4).
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Iowa Federal Judge Denies Class Certification For Claims Nonstick Cookware Dangerous
DES MOINES, Iowa - Plaintiffs seeking to represent purchasers of Teflon-brand nonstick cookware manufactured by DuPont failed to fulfill the typicality and adequacy of representation requirements of Federal Rule of Civil Procedure 23(a) and the cohesiveness and superiority requirements of Rule 23(b) for class certification, a federal judge said Dec. 5 (In re: Teflon Products Liability Litigation, No. 06-1733, MDL 1733 S.D. Iowa; See 8/7/08, Page 6).
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Class Action Certification Denied In Excessive Fee Case Involving Health Plan
DALLAS - A federal judge in Texas on Nov. 25 denied class certification on ERISA claims by a health care provider that her employer and its affiliated providers breached their fiduciary duties by causing the employer's health plan to pay excess fees for medical services provided to plan participants (Joan Ned-Sthran v. Methodist Hospitals of Dallas, et al., No. 3:08-CV-0072-K, N.D. Texas).
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RICO Action Against Infamous Pornographer Denied Certification
PANAMA CITY, Fla. - A putative class action alleging that renowned pornographer Joseph Francis violated Florida racketeering laws by knowingly coercing underage females to appear in his "Girls Gone Wild" videos was denied certification by a federal judge Nov. 19 (Plaintiff B, et al v. Joseph R. Francis, et al., No. 5:08cv79, N.D. Fla., Panama City Div.).
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Magistrate Recommends Denying Certification Of Antitrust Class Action
HOUSTON - A federal magistrate judge on Nov. 24 recommended denying certification of a class action lawsuit accusing a number of casket manufacturers of and funeral homes of federal antitrust violations (Funeral Consumers Alliance Inc., et al. v. Service Corp. International, et al., No. H-05-3394, S.D Texas).
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Employment Class Action Against Furniture Maker Denied Certification
SALT LAKE CITY - A putative class action accusing a furniture manufacturer of retaliating against workers who filed workers' compensation claims after they were injured on the job was denied certification by a federal judge on Dec. 5 (Thomas Ammons, et al. v. La-Z-Boy Inc., No. 1:04-cv-67, D. Utah; 2008 U.S. Dist. LEXIS 98728).
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Consumer Fraud Class Certified Against Nutritional Supplement Manufacturer
LOS ANGELES - A class action lawsuit accusing a nutritional supplement manufacturer of defrauding consumers by falsely labeling and marketing its products was certified by a federal judge on Nov. 13 (Michael Rivera, et al. v. Bio Engineered Supplements & Nutrition Inc., et al., No. SACV -7-1306, C.D. Calif.; 2008 U.S. Dist. LEXIS 95083).
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Employment Class Action Certified Against Cellular Phone Retailer
KANSAS CITY, Kan. - A federal judge on Nov. 24 certified class claims that a cellular phone retailer unlawfully failed to pay its employees commissions to which they were entitled (Roxie Sibley, et al. v. Sprint Nextel Corp., et al., No. 08-2063, D. Kan.; 2008 U.S. Dist. LEXIS 95762).
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Jury Awards $17 Million To California Residents In Antitrust Action
KANSAS CITY, Kan. - A Kansas federal jury on Nov. 19 awarded a class of AT & T Corp.'s California residential customers $16.9 million in an antitrust action against the telecommunications company (In Re: Universal Service Fund Telephone Billing Practice Litigation, No. 02-md-1468, D. Kan.).
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California Judge Rules Claims Adjusters Are Not Entitled To Overtime Pay
LOS ANGELES - Claims adjusters working for a third-party insurance adjuster are exempt under California labor law and are not entitled to overtime compensation, a Los Angeles Superior Court judge ruled Dec. 15 (Kenneth Hodge, et al. v. AON Corporation Services, et al., No. BC265725, Calif. Super., Los Angeles Co.).
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Colorado Woman Files Product Liability Action Against Video Game Maker
DENVER - A Colorado woman on Dec. 2 filed a class action lawsuit accusing a leading video game manufacturer of producing a faulty gaming controller (Molly Elvig on behalf of herself and all others similarly situated v. Nintendo of America Inc., No. 08-cv-2616, D. Colo.).
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Black Food Service Workers Sue Employer, Allege Racial Discrimination
PHILADELPHIA - A group of 11 current and former black employees of the world's largest food services provider sued the company on Dec. 1, asserting claims of racial discrimination, harassment and retaliation (Anthony Robinson, et al. v. Compass Group PLC, et al., No. 2:08-cv-5577, E.D. Pa.).
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Air Force Civilian Employee Files Class Action Complaint For Injuries Sustained In Iraq
HOUSTON - A former Air Force computer drafting technician assigned to the 332nd Air Force Battalion in Iraq filed a class action lawsuit on Nov. 26 in the U.S. District Court for the Southern District of Texas, alleging personal injuries from exposure to toxins in contaminated food, water and ice and unsanitary disposal of medical waste in burn pits during his tour at Balad Air Force Base (Joshua Eller, et al v. KBR Inc., et al., No. 08-3495, S.D. Texas).
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Parties Reach Proposed Settlement; Attorneys Fight Over Fees
Case name: Ronald Drazin, et al. v. Horizon Blue Cross Blue Shield of New Jersey; Dawn Beye, et al. v. Horizon Blue Cross Blue Shield of New Jersey; See 10/2/08, Page 23.
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Plaintiffs In Fraudulent Drug-Pricing Case Seek $350 Million Settlement
Case name: New England Carpenters Health Benefits Fund, et al. v. First Databank Inc., et al. Case number: 05-11148
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Debt Collection Company Must Pay Damages To Cellular Phone Customers
MADISON, Wis. - A debt collection company must pay damages to a class of wireless customers whom the company charged illegal fees, a federal appeals court ruled Dec. 8 (Marvin Seeger, et al. v. AFNI Inc.), No. 07-4083, 7th Cir.; 2008 U.S. App. LEXIS 24669).
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Federal Judge Remands Wage-And-Hour Suit Following Class Certification Denial
SAN DIEGO - A federal judge's decision to deny certification of a class action accusing various rental car companies of violating California labor law by denying employees meal breaks stripped the federal court of subject matter jurisdiction, a federal judge ruled Nov. 20 (Gelasio Salazar, et al. v. Avis Budget Group Inc., et al., No. 07-cv-64, S.D. Calif.; 2008 U.S. Dist. LEXIS 94610).
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Appeals Panel Reverses Dismissal Of Gift Card Consumer Fraud Action
NEW YORK - A New York County Supreme Court appellate panel on Nov. 25 reversed an order dismissing a class action challenging a retailer's practice of imposing dormancy fees on unused gift cards (Aliza Goldman, etc. v. Simon Property Group Inc., No. 2007-07571, N.Y. Sup., App. Div., 2nd Dept.; 2008 N.Y. App. Div. LEXIS 8993).
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Missouri Federal Judge Denies Dismissal Of DPPA Suit
JEFFERSON CITY, Mo. - Section 2721(c) of the Drivers Privacy Protection Act (DPPA) does not clear the way for the resale or redisclosure of personal data by a business entity as long as the information is being purchased by someone with a permissible purpose, a Missouri federal judge ruled Dec. 12 (Emily Roberts, et al. v. The Source for Public Data, et al., No. 08-4167, W.D. Mo.; 2008 U.S. Dist. LEXIS 97115).
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Consumer Fraud Claims Allowed To Proceed Against Calling Card Company
NEWARK, N.J. - Claims that a company selling prepaid calling cards defrauded consumers by imposing fees and charges without disclosing them upfront will be allowed to proceed, a federal judge ruled Dec. 1 (Michael Coppolino, et al. v. Total Call International Inc., No. 08-539, D. N.J.; 2008 U.S. Dist. LEXIS 98140).
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Lawsuit Alleging Church Officials Ignored Sexual Abuse Allowed To Proceed
CINCINNATI - A class action lawsuit accusing the Vatican of failing to properly alert the public or authorities of suspected sexual abuse of children by priests in the Archdiocese of Louisville, Ky., can proceed, a federal appellate panel ruled Nov. 24 (James H. O'Bryan, et al. v. Holy See, No. 07-5078, 6th Cir.; 2008 U.S. App. LEXIS 24051).
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U.S. High Court Gives All-Clear To Good Light Cigarette Class Action
WASHINGTON, D.C. - A light cigarette class action brought under a Maine statute prohibiting unfair trade practices is not federally preempted by the statute governing cigarette advertising or regulatory policy, a U.S. Supreme Court majority decided Dec. 15; the dissent, however, attacked the majority's reliance on what many courts consider an unsound precedent (Altria Group, Inc., et al. v. Stephanie Good, et al., No. 07-562, U.S. Sup.; See 10/16/08, Page 24).
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California Federal Judge: Class May Pursue Lead Toy Claims Despite Recall
SAN DIEGO - A California federal judge issued a stipulation on Dec. 8 that confirms a previous ruling allowing plaintiffs to pursue class action claims against a collection of manufacturers and distributors of children's toys that were found to contain lead, on grounds that a voluntary product replacement program instituted by the defendants does not bar a state law refund remedy (In Re: Mattel Inc. Toy Lead Paint Products Liability Litigation, No. 07-1897, C.D. Calif., Western Div.).
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No 'Bodily Injury' Alleged In Suits Against Coors, No Duty To Defend Triggered
WASHINGTON, D.C. - Adolph Coors Co. and Coors Brewing Co. are not entitled to a defense from a liability insurer for lawsuits arising from advertising practices that do not allege a "bodily injury" as defined by insurance policies, a District of Columbia appeals panel ruled Nov. 26 (Adolph Coors Co. and Coors Brewing Co. v. Truck Insurance Exchange, No. 07-CV-551, D.C. App.; 2008 D.C. App. LEXIS 446).
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Operator Of Home Down Payment Assistance Gifts Seeks Summary Judgment
COLUMBUS, Ohio - An operator of a down payment assistance gift program moved for summary judgment on Dec. 11 on claims that it violated the Ohio Corrupt Activities Act (OCAA) (Amy Rudawsky, et al., v. Douglas G. Borror, et al., No., C2-06-0144, S.D. Ohio).
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California Man Seeks To File Amended Complaint Against Gap Over Info Theft
SAN FRANCISCO - A California man whose claims that clothing retailer Gap Inc. was negligent in protecting its job applicants' personal information were mostly rejected in March filed a motion for leave to file a first amended complaint on Dec. 4 (Joel Ruiz, et al. v. Gap, Inc., et al., No. 07-5739, N.D. Calif.; See 5/1/08, Page 18).
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Video Game Maker Accused Of Installing Secret Spyware Program
SAN FRANCISCO - Video game manufacturer Electronic Arts Inc. is accused of consumer fraud and privacy rights violations in a class action lawsuit filed Oct. 14 (Richard Eldridge, on behalf of himself and all others similarly situated v. Electronic Arts Inc., et al., No. C08 4733, N.D. Calif.).
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California Man Sues Classmates.com Web Site, Alleging Consumer Fraud
LOS ANGELES - A California man brought a class action lawsuit on Oct. 30 accusing the Web site www.classmates.com of consumer fraud (Anthony Michaels, individually and on behalf of all others similarly situated v. Classmates Online Inc., et al., No. BC401048, Calif. Super., Los Angeles Co.).
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Online Subscribers File Privacy Class Action
SAN FRANCISCO - Online subscribers filed a class action lawsuit on Nov. 10 accusing their Internet service providers (ISPs) and a California technology company of unlawfully tracking their Internet use habits (Dan Valentine, et al. v. NebuAd Inc., et al., No. 3:08-cv-05113, N.D. Calif.).
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Ticketmaster Accused Of Defrauding Consumers
LOS ANGELES - The world's largest ticket seller, Ticketmaster Corp., was hit with a class action lawsuit Nov. 13 accusing the company of engaging in a deceptive practice to defraud consumers (Craig and Julie Johnson, on behalf of themselves and all others similarly situated v. Ticketmaster Corp., et al., No. CV08-07509, C.D. Calif.).
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Woman's UCL Claim Against Wal-Mart Alleges Contaminated Water
SACRAMENTO, Calif. - A woman and her daughter sued Wal-Mart on Nov. 17, alleging that its marketing, promotion and labeling of bottled water violated the unfair competition law (UCL) by failing to list the presence of cancer-causing chemicals (Deborah Fraker, as an individual consumer, and on behalf of Marisa Cheyenne Fraker, and all others similarly situated v. Wal-Mart Stores Inc., No. 08-01371, E.D. Calif.).
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Woman Sues Lingerie Manufacturer Alleging Undergarment Caused Injury
PALM BEACH, Fla. - A Florida woman sued lingerie chain Victoria's Secret on Nov. 17, alleging that she was injured by defective undergarments that were manufactured and distributed by the company (Jerilyn G. Amaya, on behalf of herself and all others similarly situated v. Victoria's Secret Stores LLC, et al., No. 08-81367-Civ, S.D. Fla., Palm Beach Div.).
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Retailer Sued For Selling Faulty Pocket Knife
MIAMI - Wal-Mart Stores Inc. was hit with a class action lawsuit Nov. 18, accusing the Arkansas-based retailer of selling a pocket knife with a cracked handle (Gregory Campbell, et al. v. Wal-Mart Stores Inc., No. 08-81369, S.D. Fla.).
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Pharmaceutical Giant Hit With Consumer Fraud Class Action
NEW YORK - Consumers filed a class action lawsuit Nov. 14 accusing pharmaceutical giant Bayer of falsely claiming that its "Aspirin with Heart Advantage" product prevents heart attacks (Nina Goldberg, et al. v. Bayer Healthcare LLC, et al., No. 1:08-cv-4623, E.D. N.Y.).
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San Francisco Police Officers Sue City, Alleging Age Discrimination
SAN FRANCISCO - A group of San Francisco police officers sued the city on Nov. 17, alleging that the department engages in a practice of age discrimination (Juanita Stockwell, et al. v. City and County of San Francisco, et al., No. CV 08 5180, N.D. Calif.).
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Settlement Of Wage- And-Hour Class Receives Final Approval
FRESNO, Calif. - Italian restaurant chain Olive Garden on Nov. 12 received final approval on a $706,525 settlement agreement that would end an employment class action that accused the company of failing to pay its workers minimum wage (Denise Alberto, individually and on behalf of all others similarly situated v. GMRI Inc. d/b/a Olive Garden, No. 2:07-cv-1895, E.D. Calif.; 2008 U.S. Dist. LEXIS 91691; See 7/17/08, Page 14).
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$2 Million Settlement Of Wage-And-Hour Class Receives Approval
LEXINGTON, Ky. - A $2 million agreement to settle claims that the Lexington-Fayette Urban County Government violated the Fair Labor Standards Act (FLSA) by failing to pay employees overtime compensation as required by the federal law received approval from a federal judge on Oct. 23 (Justin Crawford, et al. v. Lexington-Fayette Urban County Government, No. 06-299, E.D. Ky.; 2008 U.S. Dist. LEXIS 90070).
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Jewelry Retailer Receives Approval Of Settlement Of Consumer Fraud Class
KNOXVILLE, Tenn. - America's Collectibles Network Inc., which does business as Jewelry Television, on Oct. 22 received preliminary approval of a settlement with consumers who alleged that the on-air jewelry retailer fraudulently marketed gemstones as rare when they actually held much lower value (Theresa Hurd, et al. v. America's Collectibles Network Inc., d/b/a Jewelry Television, No. 225508, Tenn. Cir., Knox Co.; See 6/26/08, Page 27).
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Developmentally Disabled Residents Of Illinois-Owned Facilities Win Expanded Rights
CHICAGO - An estimated class of 6,600 developmentally disabled residents of state-owned facilities in Illinois gained expanded rights as part of a Nov. 13 consent decree that if approved would end a statewide class action lawsuit (Stanley Ligas, et al. v. Barry S. Maram, et al., No. 05 C 4331, N.D. Ill.).
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5th Circuit Affirms Denial Of HMOs' Reimbursement Suit Stemming From Vioxx Settlement
NEW ORLEANS - The Fifth Circuit U.S. Court of Appeals has affirmed the Vioxx multidistrict litigation judge's denial of a class for ERISA health plans seeking to enjoin distribution of interim payments from the $4.85 billion settlement related to Vioxx litigation until they can be reimbursed for benefits provided (In re: Vioxx Products Liability Litigation, AvMed, Inc., et al. v. BrownGreer, PLC, et al., No. 08-30802, 5th Cir; 2008 U.S. App. LEXIS 23747).
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$79M Settlement Reached In Suit Where Consumers Alleged Information Improperly Obtained
Case name: Jared Wood, et al. v. Coach Inc. Case number: 07-01146 Court: Calif. Super., Contra Costa Co.
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Product Liability Class Action Involving Glass Tables Denied Certification
EDWARDSVILLE, Ill. - A putative class action accusing retailers of selling defective glass-top patio tables under the Martha Stewart brand was denied class certification by a federal judge on Nov. 12 (Michelle Ronat, et al. Martha Stewart Living Omnimedia Inc., et al., No. 05-520, S.D. Ill.; 2008 U.S. Dist. LEXIS 91814; See 8/11/06, Page 28).
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Class Action Accusing Bank Of Failing To Disclose ATM Fee Certified
CHICAGO - A class action lawsuit accusing a Chicago bank of violating the Electronic Funds Transfer Act (EFTA) by failing to disclose its imposition of a fee for use of its automated teller machines (ATMs) was certified by a federal judge on Nov. 7 (Carmen Flores, individually and on behalf of all others similarly situated v. Diamond Bank, No. 07 C 6403, N.D. Ill., Eastern Div.; 2008 U.S. Dist. LEXIS 91097).
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Class Action Involving Investment Clubs Denied Certification
CHICAGO - Claims that two companies and their owners defrauded investors by misleading them as to the owner of the investment clubs in which they were participating are not appropriate for class certification, a federal judge ruled Nov. 10 (Donald W. Glazer, et al. v. Abercrombie & Kent Inc., et al., No. 07 C 2284, N.D. Ill.; 2008 U.S. Dist. LEXIS 91142).
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Proposed Consumer Fraud Class Involving Agricultural Fertilizer Denied Certification
BAY CITY, Mich. - A federal judge on Nov. 7 denied certification of a class action that accuses agriculture fertilizer companies of conspiring to defraud farmers by selling lesser quality fertilizer than had been advertised (Calvin Huber, et al. v. Crop Production Services Inc., et al., No. 06-14564, E.D. Mich., Northern Div.; 2008 U.S. Dist. LEXIS 90958).
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Class Certification Granted To Real Estate Sellers On Conspiracy Allegations
LOUISVILLE, Ky. - A federal judge in Kentucky on Nov. 6 granted class certification to sellers of real estate in Kentucky on their claims that real estate brokers and agents engaged in a conspiracy to inflate the price of commissions, but the judge denied certification to a subclass of sellers in the greater Louisville area (Casey William Hyland, et al. v. Homeservices of America, Inc., et al., No. 3:05-cv-612-R, W.D. Ky.; 2008 U.S. Dist. LEXIS 90892).
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Alaska District Judge Denies Motion To Review Allocation Of Valdez Punitive Damages
ANCHORAGE, Alaska - U.S. Judge H. Russell Holland of the District of Alaska said Nov. 10 he does not have jurisdiction over the punitive damages award in the Exxon Valdez spill litigation because the Ninth Circuit U.S. Court of Appeals has not lifted a stay over a mandate to award $507 million in punitive damages to punitive class members pending a determination on interest (In re: Exxon Valdez, No. 89-95, D. Alaska.; See 9/25/08, Page 13).
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Federal Appeals Panel Affirms Dismissal Of Credit Card Dispute
RICHMOND, Va. - A federal appellate panel on Nov. 10 upheld the dismissal of claims that issuers of Sears credit cards acted unconscionably by including an arbitration clause within the cardholder agreement (Mildred Jones, et al. v. Sears Roebuck and Company, et al., No. 07-1584, 4th Cir.; 2008 U.S. App. LEXIS 23202).
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Intimate-Apparel Manufacturer Seeks Class Action Dismissal For Failure To State A Claim
CLEVELAND - Victoria's Secret Stores asked the U.S. District Court for the Northern District of Ohio on Oct. 22 to dismiss a putative class action alleging allergic reactions and contact dermatitis from brassieres sold across the United States for failure to state a claim (Sheryl Mackey, et al v. Victoria's Secret Stores, et al., No. 08-1595, N.D. Ohio).
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Motion To Dissolve Baycol MDL Denied; Putative Class Dismissed
MINNEAPOLIS - The Baycol multidistrict litigation judge on Oct. 31 denied a motion by a putative class representative to dissolve the MDL and remand the remaining cases and granted the defense motion for summary judgment in his case (Joseph Landrieu v. Bayer Corp., No. 01-MD-01431-MJD; In Re: Baycol Products Litigation, MDL No. 1431, D. Minn.).
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McDonald's Hit With Wage-And-Hour Class Action Lawsuit
WILMINGTON, Del. - Fast-food chain McDonald's Corp. was hit with a class action lawsuit Nov. 14 for allegedly violating the Fair Labor Standards Act (FLSA) by requiring employees training for the position of assistant manager to work in excess of 40 hours per week without the legally mandated overtime pay (Alissa M. Justison, et al. v. McDonald's Corp., No. 08-cv-0448, D. Del.).
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Purchasers Of Allegedly Moldy Beds Amend Class Complaint
SAN JOSE, Calif. - After a federal judge struck various claims asserted in a proposed class action based on personal injury claims caused by beds that allegedly develop mold, a purchaser of one of the beds on Oct. 30 filed an amended complaint adding various plaintiffs and 11 causes of action (Molly Stearns v. Select Comfort Retail Corp., a Minnesota Corporation.; Bed Bath & Beyond Inc., a New York Corporation, No. 08-2746, N.D. Calif., San Jose Div.; See 11/13/08, Page 22).
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Suit Involving Genetically Modified Rice Remanded To Arkansas Court
LITTLE ROCK, Ark. - A federal judge on Nov. 17 ruled that he will not reconsider his decision to remand a class action lawsuit that accuses a food company of negligently contaminating the nation's rice supply with genetically engineered rice (Roger Webb, et al. v. Riceland Foods Inc., No. 4:08-cv-01048, E.D. Ark., Western Div.; 2008 U.S. Dist. LEXIS 91938).
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9th Circuit: UCL Applies To Nonresidents In State, Not To Those Outside State
SAN FRANCISCO - California's unfair competition law (UCL) can apply to nonresidents who allegedly were not paid overtime for work done in the state but does not apply to nonresidents for alleged violation of federal law outside the state, a federal appeals court held Nov. 6 (Donald Sullivan; Deanna Evich, Richard Burkow v. Oracle Corp., Oracle University, No. 06-56649, 9th Cir.).
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Appeals Court Denies Learning Disabled Students Added Test- Taking Accommodations
SAN FRANCISCO - Individuals with learning disabilities and other conditions affecting their ability to read may seek reasonable accommodations under the Americans with Disabilities Act (ADA) when taking standardized tests but are not entitled to additional accommodations under California law, a California appellate court ruled Oct. 30 (Andres Turner, et al. v. Association of American Medical Colleges, No. A117071, Calif. App., 1st Dist., Div. 5; 2008 Cal. App. LEXIS 1716).
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Proposed Class' Request For Electronically Stored Information Denied
WICHITA, Kan. - A federal magistrate judge on Oct. 30 denied without prejudice a proposed class' request for electronically stored information, after finding that the class did not explain why the information was relevant to the proposed class' claims (Hugo Spieker, et al. v. Quest Cherokee LLC, No. 07-1225-EFM, D. Kan.; 2008 U.S. Dist. LEXIS 88103).
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Jury Orders NFL Players Union To Pay Former Players $28.1 Million
SAN FRANCISCO - A federal jury on Nov. 10 ordered the National Football League Players Association (NFLPA) to pay retired players $28.1 million in damages for ignoring contracts covering reimbursement for use of players' images in group marketing deals (Herb Anthony Adderley, on behalf of himself and all others similarly situated v. National Football League, et al., No. 07-00943, N.D. Calif.; See 5/15/08, Page 5).
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Court Rules California Law Does Not Apply To Nationwide Consumer Fraud Class
SAN DIEGO - California law does not apply to a putative nationwide consumer fraud class because California law is fundamentally at odds with consumer fraud law in many other states, a federal judge ruled Nov. 10 (In Re: Jamster Marketing Litigation, No. 05cv0819, S.D. Calif.; 2008 U.S. Dist. LEXIS 91096).
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2nd Circuit: Panel Didn't Manifestly Disregard Law In Permitting Class Arbitration
NEW YORK - The Second Circuit U.S. Court of Appeals on Nov. 4 held that an arbitration panel did not manifestly disregard the law in construing an arbitration clause in an international maritime agreement to permit class arbitration when the clause was silent on that issue (Stolt-Nielsen Transportation Group Ltd., et al. v. AnimalFeeds International Corp., 06-3474, 2nd Cir.; 2008 U.S. App. LEXIS 22838).
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Bhopal Summary Judgment Order Vacated; Trial Judge Failed To Notify Class Of Conversion
NEW YORK - A unanimous Second Circuit U.S. Court of Appeals panel vacated a December 2005 summary judgment order on Nov. 3 against putative class action representatives alleging personal injuries from exposure to toxins released at a chemical factory in Bhopal, India, because the trial court failed to give the plaintiffs sufficient notice it was converting a defense motion to dismiss to a motion for summary judgment (Janki Bai Sahu, et al. v. Union Carbide Corp., et al., No. 06-5694, 2nd Cir.; 2008 U.S. App. LEXIS 23077).
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