Legal News Lancaster, PA
Texas High Court Decertifies Class Claims Against Phone Company
AUSTIN, Texas - Claims that Southwestern Bell Telephone Co. improperly charged its business customers certain municipal fees are not suitable for class certification, a divided Texas Supreme Court ruled Feb. 19 (Southwestern Bell Telephone Company v. Marketing On Hold Inc. d/b/a Southwest Tariff Analyst, No. 05-0748, Texas Sup.; 2010 Tex. LEXIS 159).
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Court: Alleged Statement Is Common Element In Unfair Competition Class Action
SACRAMENTO, Calif. - Allegations that a tile company failed to disclose that its color concrete roof tiles would fade long before the warranted 50 years are the source of a man's unfair competition law (UCL) action and satisfy the commonality requirements for class treatment, a California appeals court held Feb. 24 (McAdams v. Monier, No. C051841, Calif. App., 3rd Dist.; See August 2009, Page 10; 2010 Cal. App. LEXIS 224).
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Calif. Court: Class Of All Listerine Purchasers Too Broad For Competition Law
LOS ANGELES - A putative class under California's unfair competition law of all Listerine purchasers over a six-month period is overly broad, even after In re: Tobacco II Cases, a California appeals court held Feb. 25. The court held that many of the consumers were not subjected to the "as effective as flossing" advertising and that the six-month campaign does not constitute the type of massive, sustained fraud envisioned by Tobacco II (Pfizer Inc. v. Superior Court of Los Angeles Co., Steve Galfano, No. B188106, Calif. App., 2nd Dist.; 2010 Cal. App. Unpub. LEXIS 1386).
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Missouri Federal Judge Certifies Unlawful Lending Class Against Credit Union
KANSAS CITY, Mo. - Claims that a Kansas City-based credit union violated Missouri consumer law by failing to comply with the requirements of pre-sale notice prior to the repossession of a vehicle was certified Feb. 18 by a Missouri federal judge as a class action lawsuit (Cecil E. Hopkins v. Kansas Teachers Community Credit Union, v. Marathon Rothschild Credit Union, et al., No. 08-05052, W.D. Mo.; 2010 U.S. Dist. LEXIS 14376).
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Consumer Fraud Class Against Telecom Provider Denied Certification
LITTLE ROCK, Ark. - Claims that a telecommunications provider violated state consumer protection laws by charging customers an early disconnect fee without notification are not appropriate for class certification an Arkansas federal judge ruled Feb. 23 (Heather Tyler v. Alltel Corp., et al., No. 4:07cv019, E.D. Ark.; 2010 U.S. Dist. LEXIS 15550).
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Effort To Amend Class Accusing Hospital Of Antitrust Violations Denied
ALBANY, NY - A New York federal judge on Feb. 16 denied a request to create a narrower subclass for injury and damages issues as part of a class action lawsuit that accuses New York hospitals of violating federal antitrust laws by conspiring to depress nurses' wages (Wendy Fleischman, et al. v. Albany Medical Center, et al., No. 06-cv-0765, N.D. N.Y.; See 3/19/09, Page 5).
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1st Circuit Vacates Class Status Denial, Orders New Review
BOSTON - The First Circuit U.S. Court of Appeals vacated and remanded the denial of property owners' motion for class certification on Feb. 23, ordering a lower court to revisit the claimed common issues in a dispute over a Massachusetts bay oil spill (Murray Gintis, et al. v. Bouchard Transportation Co. Inc., et al., No. 09-1717, 1st Cir.; 2010 U.S. App. LEXIS 3644).
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Defective Gas Heater Class Granted Certification By California Federal Judge
SAN FRANCISCO - A California federal judge on Feb. 16 certified a class action lawsuit accusing a gas heater manufacturer of selling a dangerous and unsafe product (Kirk Keilholtz, et al. v. Lennox Heath Products Inc., et al., No. C 08-0836, N.D. Calif.; 2010 U.S. Dist. LEXIS 14553).
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Tennessee Federal Judge Denies Class Status In Autism Case, Orders Amendment
KNOXVILLE, Tenn. - A Tennessee federal judge on Feb. 19 denied class certification in a case challenging a health insurer's denial of benefits for autism treatment and reserved judgment on a motion to dismiss until the plaintiff could file an amended complaint to replead individual claims against the defendant (Duane Burnett Graddy Jr. v. Blue Cross Blue Shield of Tennessee, No. 09-84, E.D. Tenn.; 2010 U.S. Dist. LEXIS 14896).
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Wage-And-Hour Class Against Bus Company Denied Certification
SAN DIEGO - A class action lawsuit accusing a bus company of violating California labor law by denying workers meal and rest breaks was denied class certification on Feb. 11 by a California federal judge (Amalgamated Transit Union Local 1309, et al. v. Laidlaw Transit Services Inc., et al., No. 05-cv-1199, S.D. Calif.; 2010 U.S. Dist. LEXIS 12086; See 2/16/06, Page 27).
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Online Consumer Review Site Accused Of Extorting Negatively Reviewed Businesses
SANTA ANA, Calif. - Online consumer review site Yelp.com was hit with a class action lawsuit Feb. 24 accusing the company of extorting businesses that receive negative reviews on the site (Cats and Dogs Animal Hospital Inc. v. Yelp! Inc., No. 10-cv-1340, C.D. Calif.).
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National Sandwich Chain Accused Of Skimping On Deli Meat Portions
EDWARDSVILLE, Ill. - National sandwich chain Blimpie is accused in a class action lawsuit filed Feb. 12 in Illinois state court of defrauding consumers by overstating the amount of meat contained in its "Super Stacked" submarine sandwiches (Ronald Williams, et al. v. Kahala Corp., No. 10-L-166, Ill. Cir., Madison Co.).
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Food Giant Accused Of Falsely Marketing Crackers As Nutritious Snacks
LOS ANGELES - Kraft Foods Inc. is accused in a class action lawsuit filed Feb. 11 in a California federal court of falsely marketing several of its cracker and cookie products as healthful (Evangeline Red, et al. v. Kraft Foods Inc., et al., No. 2:10-cv-0128, C.D. Calif.).
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Google Sued In Federal Court For Disclosing Private Info Through Google Buzz
SAN JOSE, Calif. - A Florida woman filed a proposed class action complaint against Google Inc. in a California federal court on Feb. 17 alleging that the company's new social networking program publicly discloses private information (Eva Hibnick, et al. v. Google Inc., No. 10-672, N.D. Calif.).
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Suburban School District Accused Of Secretly Spying On Students With Laptops
PHILADELPHIA - A high school student and his parents filed a class action lawsuit Feb. 16 accusing a suburban Philadelphia school district of secretly spying on students through the webcams of school district-issued laptop computers (Blake J. Robbins, et al. v. Lower Merion School District, et al., No. 2:10-cv-0665, E.D. Pa.).
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Supreme Court: Copyright Act Registration Requirement Is Not Jurisdictional
WASHINGTON, D.C. - The U.S. Supreme Court on March 2 cleared the way for an $18 million global settlement of copyright infringement claims levied by a class of freelancers against electronic publishers and databases (Reed Elsevier Inc. et al. v. Irvin Muchnick et al., No. 08-103, U.S. Sup.) (Editor's Note: Reed Elsevier Inc. is the parent company for LexisNexis, of which Mealey Publications is a division).
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U.S. High Court Rules Corporate Headquarters Is Where Executives Work
WASHINGTON, D.C. - A corporation's principal place of business is where the company's executives work, not where the company sells its products, the U.S. Supreme Court ruled Feb. 23 (The Hertz Corp. v. Melinda Friend, et al., No. 08-1107, U.S. Sup.; 2010 U.S. LEXIS 1897).
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California Federal Judge Denies Motion To Remand Wage-And-Hour Class
SAN DIEGO - A California federal judge on Feb. 16 denied a woman's motion for remand of a class action lawsuit accusing fast food chain KFC U.S. Properties Inc. of violating numerous California labor laws (Dominique Hines v. KFC U.S. Properties Inc., No. 09cv-2422, S.D. Calif.).
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Class Action Challenging Lending Practices Remanded To Ohio State Court
CLEVELAND - The local controversy exception to the Class Action Fairness Act (CAFA) applies to a lawsuit accusing a lender and several credit insurers of failing to properly refund premiums, an Ohio federal judge ruled Feb. 17 (American General Financial Services, plaintiff/counterclaim defendant v. Opal Griffin, defendant/counterclaim plaintiff v. American General Financial Corp., et al., counterclaim defendants, No. 09-cv-2772, N.D. Ohio; 2010 U.S. Dist. LEXIS 13836).
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Proposed Settlement Of Consumer Fraud Class Against Automaker Rejected
RIVERSIDE, Calif. - A California federal judge on Feb. 22 rejected a proposed agreement to settle claims that American Honda Motor Co. Inc. intentionally misled consumers by inflating the miles per gallon estimates for its Civic Hybrid (John True, et al. v. American Honda Motor Co. Inc., No. ED 07-cv-287, C.D. Calif.; See 7/19/07, Page 29).
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Dannon Agrees To Settle Deceptive Advertising Class Action For $35M
CLEVELAND - A federal judge on Jan. 27 preliminarily approved a $35 million settlement in a class action alleging that a yogurt manufacturer falsely advertised its products and the health benefits provided from "probiotic" bacteria (James Gemelas, et al. v. The Dannon Co. Inc., No. 1:08-cv-236, N.D. Ohio).
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Class Waiver Provision In Lender's Loan Contract Found To Be Unconscionable
ST. LOUIS - A Missouri judge's finding that a class action waiver contained in a loan contract of a payday lender is unconscionable and unenforceable is not appealable, a Missouri appellate panel ruled Feb. 23 (Lavern Robinson v. Title Lenders Inc. d/b/a Missouri Payday Loan, No. ED92913, Mo. App., Eastern Dist.; 2010 Mo. App. LEXIS 196).
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Panel Rules Deceptive Trade Practice Claims Must Be Heard Via Arbitration
MIAMI - A marketing firm can submit class action claims that a cable television subsidiary used deceptive business practices to an arbitrator, a Florida appeals court ruled Feb. 24 (Eventys Marketing and Products Inc. v. Comcast Spotlight Inc., No. 3D09-1794, Fla. App., 3rd Dist.; 2010 Fla. App. LEXIS 2092).
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9th Circuit Affirms Tip Pooling With Distributions To Kitchen Staff
PORTLAND, Ore. - Nothing in the Fair Labor Standards Act (FLSA) expressly prohibits a restaurant that pays its wait staff a cash wage greater than minimum wage from requiring its employees to participate in a "tip pool," the Ninth Circuit U.S. Court of Appeals ruled Feb. 23 (Misty Cumbie v. Woody Woo, Inc., et al., No. 08-35718, 9th Cir.; 2010 U.S. App. LEXIS 3686).
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California High Court To Determine Deadline For Appealing Class Claims
SACRAMENTO, Calif. - The California Supreme Court on Feb. 18 granted a petition for review that will determine when a plaintiff must appeal the dismissal of class allegations where a lower court sustains a demurrer to the class allegations and the plaintiff's individual claims as part of a single order (In re Baycol Cases I and II, No. S178320, Calif. Sup.).
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Consumer Fraud Class Action Against Automaker Granted Dismissal
NEWARK, N.J. - A common-law cause of action for strict liability that accuses an automaker of manufacturing a defective engine is precluded by the economic loss doctrine, a New Jersey federal judge ruled Feb. 19 (Gilbert Noble v. Porsche Cars North America Inc., No. 2:08-3658, D. N.J.; 2010 U.S. Dist. LEXIS 14454).
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Consumers File RICO Class Action Against Embattled Automaker
LEXINGTON, Ky. - A class of consumers on Feb. 16 filed an amended complaint to their class action lawsuit in a Kentucky federal court accusing automaker Toyota of violating federal racketeering laws (Al Viviano, et al. v. Toyota Motor Engineering & Manufacturing North America Inc., et al., No. 10-cv-024, E.D. Ky.).
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Panel Finds Hawaii Deceptive Practices Act Does Not Require Subjective Reliance
SAN FRANCISCO - The Hawaii Deceptive Practices Act does not require actual, subjective reliance, a panel of the Ninth Circuit U.S. Court of Appeals ruled Feb. 8 in a reversal of a Hawaii federal judge's decision to deny class certification of a suit against an insurer (Gary Yokoyama, attorney in fact for Leatrice C. Yokoyama, et al. v. Midland National Life Insurance Company, No. 07-16825, 9th Cir.; 2010 U.S. App. LEXIS 2631).
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Federal Judge Certifies Lawsuit Against Cable Provider In Antitrust Case
PHILADELPHIA - A federal judge in Pennsylvania on Jan. 7 certified a class of approximately two million non-basic cable television customers in the Philadelphia market on their claims that Comcast Corp. worked to establish a monopoly in the Philadelphia market and then increased prices once it had eliminated competition (Caroline Behrend, et al. v. Comcast Corporation, et al., No. 03-6604, E.D. Pa.; 2010 U.S. Dist. LEXIS 1049; See 9/4/07, Page 18).
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Hawaii Appeals Court Affirms Certification Of Fraud Action Against Mortgage Lender
HONOLULU - Certification of a class action lawsuit accusing mortgage lender Countrywide Home Loans Inc. of defrauding consumers by charging them a fee before releasing its mortgage was affirmed by a Hawaii appellate court on Feb. 8 (Cynthia Nakamura v. Countrywide Home Loans Inc., No. 27993, Hawaii App.; 2010 Haw. App. LEXIS 35).
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Ohio Federal Judge Denies Certification Of Credit Insurance Class
CLEVELAND - A class action lawsuit accusing a credit insurance company of unlawfully retaining unearned insurance premiums was denied certification Feb. 9 by an Ohio federal judge (Amanda K. Eldridge v. Cardif Life Insurance Co., No. 08cv2713, N.D. Ohio; 2010 U.S. Dist. LEXIS 11295).
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Class Accusing Airline Of Costing Skycaps Tips With Policy Granted Certification
BOSTON - A federal judge in Massachusetts on Feb. 4 certified a class of American Airlines Inc. skycaps who claim that a 2005 decision by the airline to impose a fee for curbside baggage check-in resulted in a dramatic decrease in the amount of tips skycaps received (Darryl Overka, et al. v. American Airlines Inc., No. 08-10686, D. Mass.).
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Dispute Between Automaker, Franchisees Decertified By New Jersey Federal Judge
NEWARK, N.J. - A class action lawsuit involving a dispute between former heavy truck franchisees of Ford Motor Co. and the automaker was decertified Jan. 29 by a federal judge in New Jersey (Bayshore Ford Truck, et al. v. Ford Motor Co., No. 2:99-cv-0741, D. N.J.; 2010 U.S. Dist. LEXIS 7454).
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Copyright Class Action Denied Certification By California Federal Judge
LOS ANGELES - Claims that a California-based photo licensing company violated the publicity rights of entertainers by licensing their photos without their consent will not proceed as a class action lawsuit, a California federal judge ruled Jan. 13 (Anna Maria Alberghetti, et al. v. Corbis Corp., No. 09-5735, C.D. Calif.).
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Appellate Panel Reinstates Product Liability Action Against Computer Maker
SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on Feb. 5 reinstated a class action lawsuit that accuses computer manufacturer Dell Inc. of selling defective notebook computers (Michael Omstead, et al. v. Dell Inc., No. 08-16479, 9th Cir.; 2010 U.S. App. LEXIS 2499).
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Arbitration Clause Ruled Enforceable In Fraud Action Against Cellular Providers
WHEELING, W.Va. - An arbitration clause contained in an agreement for cellular phone service is enforceable, a West Virginia federal judge ruled Feb. 2 (Joshua Wince, et al. v. Easterbrooke Cellular Corp., et al., No. 2:09-cv-135, N.D. W.Va.; 2010 U.S. Dist. LEXIS 8580).
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College Athletes Suing NCAA Over Use Of Likenesses Can Proceed With Class Claims
SAN FRANCISCO - A putative class of former college athletes who are accusing video game manufacturer Electronic Arts Inc. and the National Collegiate Athletic Association (NCAA) of using their names and likenesses in products without their permission can proceed to trial, a California federal judge ruled Feb. 8 (Samuel Michael Keller v. Electronic Arts Inc., et al., No. CV 09-1967, N.D. Calif.; 2010 U.S. Dist. LEXIS 10719).
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2nd Circuit: Filed Rate Doctrine Bars Conspiracy Claims Against Title Insurers
NEW YORK - Price-fixing claims by purchasers of title insurance in New York against title insurance companies are barred by the filed rate doctrine, the Second Circuit U.S. Court of Appeals ruled Feb. 11 in affirming the dismissal of a putative class action (Brendan Dolan, et al. v. Fidelity National Title Insurance Co., et al., No. 09-2697-cv, 2nd Cir.; 2010 U.S. App. LEXIS 1814).
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Woman Sues 'Biggest Loser' Trainer Over 'Effortless' Weight Loss Pill Claims
LOS ANGELES - Renowned "Biggest Loser" fitness trainer Jillian Michaels violates California's unfair competition law (UCL) by falsely promoting that diet pills bearing her name can make weight loss effortless, a woman claims in a Feb. 9 complaint filed in the Los Angeles County Superior Court (Christie Christensen, et al. v. Jillian Michaels, et al., No. BC431560, Calif. Super., Los Angeles Co.).
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Student Loan Lender Accused Of Policy Of Harassing Borrowers
SEATTLE - A Seattle man on Feb. 2 filed a class action lawsuit accusing student loan lender Sallie Mae of violating federal communications law by repeatedly harassing borrowers with unwanted phone calls (Mark A. Arthur v. SLM Corp. d/b/a Sallie Mae, No. C10-0198, W.D. Wash.).
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Mich. Company Accused Of Defrauding Consumers With Sale Of Male Enhancement Pills
LOS ANGELES - A Michigan-based company is accused in a class action lawsuit filed Feb. 2 in a California federal court of knowingly and systematically defrauding hundreds of thousands of consumers by falsely marketing pills as having the ability to increase the size and width of male genitalia (Michael Vargas v. Universal Product Marketing Corp., No. CV 10-0167, C.D. Calif.).
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Plaintiff Alleges Refinery Contaminated Alaska Town, Seeks To Represent Class
FAIRBANKS, Alaska - A North Pole, Alaska, resident filed a putative class action complaint on Jan. 27 in the Alaska Superior Court, Fourth Judicial District; he alleges that the groundwater for the town is contaminated with sulfolene that was released by the operators of an oil refinery (James West, et al. v. Williams Alaska Petroleum Inc., et al., No. 10-1123, Alaska Super., 4th Dist.).
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Fla. Homeowners File Defective Drywall Class Action Against Domestic Outfits
MIAMI - Echoing allegations in the already robust Chinese drywall litigation, a pair of home-owning couples in Florida sued a domestic drywall manufacturer and a supplier on Jan. 12, asserting in a putative class action complaint that the drywall manufactured and supplied by the defendants off-gasses sulfur that has damaged their property and their health (George Brincku, et al. v. National Gypsum Co., et al., No. 1:10cv20109, S.D. Fla.).
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Sears Roebuck & Co. Settles ADA Class Action With EEOC For $6.2 Million
CHICAGO - An Illinois federal judge on Feb. 4 approved a consent judgment and allocation of settlement funds as part of a $6.2 million class action settlement in a case that accused Sears Roebuck & Co. of violating the Americans with Disabilities Act (ADA) (Equal Employment Opportunity Commission v. Sears Roebuck & Company, No. 04-cv-07282, N.D. Ill.).
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Airline Passenger Civil Rights Class Action Remanded To New York State Court
NEW YORK - A class action lawsuit accusing Jetblue Airways Corp. of unlawfully confining hundreds of passengers to planes sitting on runways was remanded Feb. 4 to New York state court by a New York federal judge (Katherine Biscone v. Jetblue Airways Corp., No. 09-cv-3533, E.D. N.Y.; 2010 U.S. Dist. LEXIS 9280).
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Employment Class Against Hotel Chain Remanded To Pennsylvania State Court
PHILADELPHIA - Claims that national hotel chain Hyatt Corp. knowingly failed to compensate assistant manager employees in Pennsylvania for overtime hours worked do not meet federal jurisdiction requirements, a Pennsylvania federal judge ruled Feb. 1 (Anjali Shah v. Hyatt Corp., No. 09-4286, E.D. Pa.; 2010 U.S. Dist. LEXIS 8437).
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Filed Rate Doctrine Bars Lawsuit Over Dairy Pricing
FRESNO, Calif. - The filed rate doctrine bars claims by dairy farmers resulting from the misreporting of pricing data that caused depressed prices paid to the farmers for raw milk from Jan. 1, 2002, through April 30, 2007, a federal judge in California ruled Feb. 8 (Gerald Carlin, et al. v. Dairy America, Inc., et al., No. 1:09-CV-00430-AWI-DLB, E.D. Calif.; 2010 U.S. Dist. LEXIS 10902).
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Consumer Fraud Claims Against Vitamin Maker Tossed, Deemed 'Borrowed' Allegations
SAN DIEGO - A federal judge in California on Feb. 9 dismissed a class action lawsuit that accused Bayer Corp. of misrepresenting the health benefits associated with taking two vitamin products marketed toward men (David Johns v. Bayer Corp., No. 09cv1935, S.D. Calif.; 2010 U.S. Dist. LEXIS 10926).
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2 Class Representatives In Dental Cleaner Action Dismissed On Standing
PHILADELPHIA - A Pennsylvania federal judge on Jan. 26 said two dentists lack standing to sue over a contaminated teeth cleaning device and dismissed several counts, chiding the plaintiffs for waiting too long to amend their complaint to name their practices as plaintiffs (Carole N. Hildebrand, et al. v. Dentsply International, Inc., No. 06-5439, E.D. Pa.; 2010 U.S. Dist. LEXIS 5846).
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9th Circuit Affirms Summary Judgment Ruling In Favor Of Student Lender
SAN FRANCISCO - A federal district court properly dismissed student loan borrowers' class action complaint against their loan servicer because their claims were preempted by federal law, a Ninth Circuit U.S. Court of Appeals panel ruled Jan. 25 (Ann Chae, et al. v. SLM Corp., et al., No. 08-56154, 9th Cir.; 2010 U.S. App. LEXIS 1524).
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4th Circuit Affirms $7.8M Judgment In Favor Of Class
RICHMOND, Va. - The Fourth Circuit U.S. Court of Appeals found Feb. 8 that applying South Carolina's statutory definition of "actual charges" to a breach of contract insurance coverage case would "undermine the presumption against statutory retroactivity and raise constitutional concerns," affirming a lower court's $7.8 million judgment in favor of a class asserting breach of contract based on an insurer's alleged failure to pay the "actual charges" benefits under cancer treatment benefit policies (Martha Ward, on behalf of herself and all others similarly situated v. Dixie National Life Insurance Company, et al., No. 08-2378, 4th Cir.; 2010 U.S. App. LEXIS 2601).
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Former California Judge Censured For Ordering Counsel To Be Paid In Gift Vouchers
SAN FRANCISCO - A former California judge was publicly censured Feb. 2 by the state's judicial performance commission after an investigation questioned his handling of a class action settlement (Inquiry Concerning Former Judge Brett C. Klein, No. 187, Calif. Comm. Jud. Perf.).
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Television Writers Reach Settlement In Age Discrimination Class Action
LOS ANGELES - Television writers suing studios, networks, production companies and talent agencies for age discrimination in California state court announced Jan. 22 a $70 million agreement to settle 19 longstanding cases that allege discrimination in the selection and representation of writers (In Re: TV Writers Cases, No. BC268836, Calif. Super., Los Angeles Co.; See 9/11/08, Page 5).
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$9.25 Million Settlement Of Wage-And-Hour Class Granted Final Approval
NEW YORK - A $9.25 million class action settlement to resolve claims that home appliance manufacturer Whirlpool Corp. violated state and federal labor laws by failing to properly compensate employees for overtime hours was granted final approval on Jan. 20 by a New York federal judge (Igor Khait, et al. v. Whirlpool Corp., et al., No. 06-6381, E.D. N.Y.; 2010 U.S. Dist. LEXIS 4067).
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Judge Approves $17.5M Settlement In Suit Challenging Cellular Phone Service Fees
NEWARK, N.J. - A proposed $17.5 million settlement of a class action lawsuit filed against Sprint Nextel Corp. over the cellular phone provider's policy of charging customers flat rate fees was approved Jan. 15 by a New Jersey federal judge (Judy Larson v. Sprint Nextel Corp., et al., No. 07-5325, D. N.J.; 2010 U.S. Dist. LEXIS 3270).
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Dating Web Site, Gay Singles Settle Discrimination Suit
LOS ANGELES - A class of gay, lesbian and bisexual singles and online dating company eHarmony Inc. jointly filed a preliminary agreement in the Los Angeles County Superior Court on Jan. 26, seeking to settle claims by the class that eHarmony violated the state's Unruh Civil Rights Act by not offering "full and equal accommodations" to people seeking same-sex relationships (Nate Cardin, et al. v. eHarmony Inc., et al., No. BC 371958, Calif. Super., Los Angeles Co.).
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Breach Of Contract Class Against Basketball Team Settles For $1.6 Million
SEATTLE - The owners of the National Basketball Association franchise in Oklahoma City on Dec. 24 agreed to pay a class of former season ticketholders $1.6 million to settle a class action lawsuit that accuses the team of breach of contract (Robert Brotherson, et al. v. The Professional Basketball Club LLC, No. C07-1787, W.D. Wash.; See 3/5/09, Page 20).
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Panel Rules Denial Of Class Certification Does Not Eliminate Jurisdiction
CHICAGO - The denial of class certification does not eliminate subject matter jurisdiction under the Class Action Fairness Act (CAFA), a panel of the Seventh Circuit U.S. Court of Appeals ruled Jan. 22 (Cunningham Charter Corp. v. Learjet Inc., No. 09-8042, 7th Cir.; 2010 U.S. App. LEXIS 1452; See 10/15/09, Page 23).
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Consumer Fraud Action Against Credit Card Issuer, Bank Granted Certification
SAN FRANCISCO - A California federal judge on Jan. 19 certified a class of California consumers who claim that a marketer of credit cards and a bank defrauded consumers by issuing credit cards with hidden fees and charges (Wanda Greenwood, et al. v. CompuCredit Corp., et al., No. C 08-04878, N.D. Calif.; 2010 U.S. Dist. LEXIS 3839).
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Washington High Court Reverses Certification Of Consumer Fraud Class
SEATTLE - Finding that a nationwide class action that accuses wireless services provider AT&T of defrauding consumers would be unmanageable and unduly burdensome on the trial court, the Washington Supreme Court on Jan. 21 reversed an appellate court's decision certifying the class (Martin Schnall, et al. v. AT & T Wireless Services Inc., No. 80572-5, Wash. Sup.; 2010 Wash. LEXIS 61).
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3rd Circuit Appeals Panel Denies Motion To Review Class Action Certification
PHILADELPHIA - A Third Circuit U.S. Court of Appeals panel denied a petition Dec. 30 for permission to appeal the certification of two related class actions pending in U.S. District Court for the District of New Jersey for alleged contamination of private wells and municipal water supplies with perfluorooctanoic acid from the DuPont Chambers Works refinery (Richard A. Rowe, et al. v. E.I. DuPont de Nemours & Co., No. 09-8079 [consolidated], 3rd Cir.).
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Consumer Fraud Action Against Yogurt Maker Granted Class Certification
MIAMI - A class action lawsuit accusing a yogurt manufacturer of defrauding consumers by making allegedly misleading claims about the health benefits of eating its product was certified Jan. 11 by a Florida federal judge (Julie Fitzpatrick v. General Mills Inc., et al., No. 09-cv-60412, S.D. Fla.; 2010 U.S. Dist. LEXIS 6917).
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California Appeals Court Reinstates Class Action For Steroid Reimbursement
LOS ANGELES - The Second District California Court of Appeal reinstated a putative class action seeking reimbursement for the purchase of illegal anabolic steroids from General Nutrition Stores Inc. (GNC) on Jan. 21, saying that individual consumers' subjective belief as to the value of the products and knowledge of their illegality are immaterial to the certification of a class (Steroid Hormone Product Cases, No. B211968, Calif. App., 2nd Dist., Div. 4).
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Appeal Of Class Certification Denial Is Not Rendered Moot By Individual Settlement
SAN FRANCISCO - The settlement and voluntary dismissal of a named plaintiff's individual claims as part of an employment class action lawsuit does not render moot his appeal of the denial of class certification, a panel of the Ninth Circuit U.S. Court of Appeals ruled Jan. 15 (Hani Narouz v. Charter Communications LLC, et al., No. 07-56005, 9th Cir.; 2010 U.S. App. LEXIS 917).
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Ala. Supreme Court Vacates Duract TPP Enrichment Class, Citing State Law Variances
MONGTOMERY, Ala. - The Alabama Supreme Court on Jan. 15 vacated a Duract national third-party-payer refund class certification and remanded the case to a trial court, saying the existence of other state laws about unjust enrichment does not create a common issue of fact (Wyeth, Inc., et al. v. Blue Cross and Blue Shield of Alabama, No. 1050926, Ala. Sup.; 2010 Ala. LEXIS 7).
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Yogurt Maker Accused Of Making False Health Benefit Claims
NEWARK, N.J. - A yogurt manufacturer is accused in a class action lawsuit filed Jan. 19 in New Jersey federal court of making false claims about the health benefits associated with eating its product (Nipul Amin v. General Mills Inc., et al., No. 2:10-cv-305, D. N.J.).
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New York City Police Accused Of Violating Students' Civil Rights
NEW YORK - A pair of civil rights organizations on Jan. 20 filed a class action lawsuit in New York federal court accusing the New York City Police Department (NYPD) of violating students' civil rights through wrongful arrests and the excessive use of force (B.H., et al. v. City of New York, et al., No. CV10-0210, E.D. N.Y.).
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Retailer Accused Of Defrauding Consumers With Sales Of Service Plans
NEWARK, N.J. - A New Jersey man on Jan. 26 filed a class action lawsuit accusing the nation's largest retailer of defrauding consumers through the sale of useless service plans on its products (William Hayes v. Wal-Mart Stores Inc., et al., No. 10-cv-460, D. N.J.).
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California Men Sue Automaker Following Disclosure Of Faulty Gas Pedal
LOS ANGELES - On the heels of a massive recall resulting from the disclosure of a defective gas pedal in many of its vehicles, automaker Toyota was hit with a class action lawsuit filed in California federal court on Jan. 22 (Joseph Hauter, et al. v. Toyota Motor Sales USA Inc., et al., No. 8:10-cv-0105, C.D. Calif.).
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Press Release: Vivendi To Appeal Securities Class Action Trial Jury Verdict
NEW YORK - In a press release issued Jan. 29, French company Vivendi Universal S.A. announced that it will appeal today's jury verdict in the highly rare securities class action trial in New York federal court (In re Vivendi Universal S.A. Securities Litigation, No. 02-5571, S.D. N.Y.).
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Remand Of Illinois Credit Card Class Reversed By 7th Circuit Panel
CHICAGO - The Seventh Circuit U.S. Court of Appeals on Jan. 26 reversed an Illinois federal judge's decision to remand a class action lawsuit that accused a law firm of colluding with the National Arbitration Forum (NAF) (Sandra Bergquist v. Mann Bracken LLP, et al., Nos. 09-8046, 09-8047, 7th Cir.; 2010 U.S. App. LEXIS 1633).
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Remand Of Consumer Fraud Class Against Cell Phone Provider Vacated By Panel
CHICAGO - An Illinois federal judge's decision to remand a class action lawsuit that accuses Sprint Nextel Corp. of conspiring with other cellular phone providers to impose artificially high prices for text messaging service was vacated Jan. 28 by a panel of the Seventh Circuit U.S. Court of Appeals (In Re: Sprint Nextel Corp., No. 09-8038, 7th Cir.; 2010 U.S. App. LEXIS 1928).
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N.J. Class Action Survives Defense Standing Challenge; Missouri Statutes Applied
NEWARK, N.J. - A putative class action pending in the U.S. District Court for the District of New Jersey can proceed against manufacturers of infant personal care products under Missouri consumer protection statute because the plaintiffs allege contamination with a substance explicitly banned by the U.S. Food and Drug Administration, a judge ruled Feb. 1 (Erika Levinson, et al. v. Johnson & Johnson Consumer Companies Inc., et al., No. 09-3317, D. N.J.).
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Jurisdiction Over FTCA Claim By FEMA Trailer Plaintiff Denied By Louisiana Judge
NEW ORLEANS - The plaintiff in the March bellwether trial of claims that the Federal Emergency Management Agency emergency housing trailers were contaminated with formaldehyde lost his chance to seek damages against the United States under the Federal Tort Claims Act (FTCA) because the court lacks personal jurisdiction, according to a Jan. 21 order by a federal judge in Louisiana (In Re: FEMA Trailer Formaldehyde Products Liability Litigation, No. 07-1873, MDL 1873, E.D. La.; Lyndon T. Wright v. Forest River Inc., et al., No. 09-2977, E.D. La.).
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Food Labeling Class Action Remanded To District Of Columbia Court
WASHINGTON, D.C. - A putative class action lawsuit that accuses cereal manufacturer General Mills of misleading consumers about the health benefits associating with eating its products was remanded Jan. 15 by a District of Columbia federal judge (National Consumers League v. General Mills Inc., No. 09-1881, D. D.C.; 2010 U.S. Dist. LEXIS 3307).
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Texas Judge Dismisses Airline Passenger Rights Class Action Lawsuit
FORT WORTH, Texas - A putative class action lawsuit seeking to hold American Airlines accountable for actions that resulted in the delay and confinement of passengers to airplanes was dismissed by a Texas federal judge on Jan. 28 (Thomas Dickson v. American Airlines Inc., No. 4:09-cv-750, N.D. Texas; 2010 U.S. Dist. LEXIS 6985).
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Dismissal Of Consumer Fraud Class Against Lenders, Title Insurers Affirmed By Panel
NEW ORLEANS - A Texas federal judge did not err in his dismissal of a consumer fraud action in which the named plaintiffs had no standing pursuant to Article III of the U.S. Constitution, a panel of the Fifth Circuit U.S. Court of Appeals ruled Jan. 15 (Wesley Murray, et al. v. Fidelity National Financial Inc., et al., No. 09-50157, 5th Cir.; 2010 U.S. App. LEXIS 1056).
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Calif. Panel Halts Indie Rockers' Class Action Over Magazine's Cigarette Ads
SAN FRANCISCO - No triable fact question exists as to whether a 2007 magazine spread incorporating cigarette advertising constitutes commercial speech, a California appellate panel held Jan. 28 in reversing a trial court's denial of a motion to strike the class action complaint of musicians who argued that their names incorporated into the spread implied their endorsement of the cigarettes advertised (James Stewart, et al. v. Rolling Stone LLC, et al., No. A122452, Calif. App., 1st Dist.).
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Judge Sanctions Plaintiffs For Incomplete Fact Sheets; Ecuadoran Claims Dismissed
WASHINGTON, D.C. - Nearly 600 plaintiffs alleging herbicide exposure personal injuries and property damage from coca and heroin poppy eradication efforts in Colombia were dismissed with prejudice on Jan. 13 from a mass tort pending in the U.S. District Court for the District of Columbia (Venancio Aguasanta Arias, et al. v. DynCorp, et al., No. 01-1908; Nestor Ermogenes Arroyo Quinteros, et al. v. DynCorp, et al., No. 07-1042, D. D.C.).
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Countrywide Awarded Summary Judgment In Class Action Over Second Mortgage Charges
KANSAS CITY, Mo. - A couple's class action suit alleging that Countrywide Home Loans Inc. violated the Missouri's Second Mortgage Loans Act (MSMLA) by charging them a loan discount fee and a document processing fee was dismissed with prejudice on Jan. 13 by a federal judge who found that the plaintiffs did not suffer a loss or injury under the statute because they did not actually pay the fees (Jerry W. Washington, et al. v. Countrywide Home Loans Inc., No. 08-00459-CV-W-FJG, W.D. Mo.; 2010 U.S. Dist. LEXIS 2623).
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Light Cigarette Maker Can't Hide Behind FTC 'Approval,' Delaware Judge Holds
WILMINGTON, Del. - An exemption in a state consumer fraud law invoked in a light cigarette action is not satisfied by a tobacco company's contention that its marketing practices were tacitly approved by government regulators, a Delaware judge held Dec. 4 in denying summary judgment to the company (Connie J. Holmes, on behalf of herself and all others similarly situated v. Philip Morris USA, Inc., No. 03C-08-167 JTV, Del. Super., New Castle Co.; 2009 Del. Super. LEXIS 467).
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Trial Attorneys' Use Of Online Video Is Not Protected Speech In Defamation Action
SAN FRANCISCO - A trial attorney's use of a video posted on YouTube in an attempt to solicit individuals to join a class action lawsuit is not considered protected speech under California state law, a San Francisco County Superior Court judge ruled Jan. 22 (Brain Research Labs LLC, et al. v. Tom Clarke, et al., No. CGC-09-491932, Calif. Super., San Francisco Co.).
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Pennsylvania Federal Judge Allows RICO Class Against Title Insurer To Proceed
PHILADELPHIA - A Pennsylvania federal judge on Jan. 14 refused to dismiss a class action lawsuit that accuses a title insurer of systematically overcharging for its services (Stephanie Coleman, et al. v. Commonwealth Land Title Insurance Co., No. 09-679, E.D. Pa.; 2010 U.S. Dist. LEXIS 3469).
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