Legal News Lancaster, PA
Oil Spill Injury, Economic Damages Cases Consolidated In Louisiana Federal Court
WASHINGTON, D.C. - The Judicial Panel on Multidistrict Litigation (JPMDL) decided Aug. 10 to consolidate hundreds of personal injury and economic damages claims related to the BP PLC Gulf of Mexico oil spill to the U.S. District Court for the Eastern District of Louisiana (In re: Oil Spill By The Oil Rig "Deepwater Horizon" In the Gulf Of Mexico, On April 20, 2010, MDL No. 2179, JPMDL).
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Florida Beachfront Property Owners File Class Action Seeking Damages From Spill
PENSACOLA, Fla. - Owners of Florida beachfront property on July 30 filed a class action lawsuit in Florida federal court seeking damages as a result of the Gulf of Mexico oil spill (Michelle West, et al. v. BP PLC, et al., No. 10-cv-274, N.D. Fla.).
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Olive Oil Companies, Retailers Accused Of Selling Inferior Products
SANTA ANA, Calif. - Olive oil manufacturers, distributors and retailers were hit with a class action lawsuit in California state court on Aug. 2, accusing the companies of knowingly misleading and defrauding consumers by selling inferior products at premium prices (David W. Martin, et al. v. Carapelli USA LLC, et al., No. 3D-2010-00395464-CU-FR-CXC, Calif. Super., Orange Co.).
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Los Angeles Company, School Officials Accused Of Human Trafficking Scheme
LOS ANGELES - A Los Angeles-based company is accused in a class action lawsuit filed Aug. 5 in a California federal court of conspiring with Louisiana school officials in conducting a human trafficking scheme to bring Filipino teachers to Louisiana public schools (Mairi Nunag-Tanedo, et al. v. East Baton Rouge Parish School Board, et al., No. 10-cv-01172, C.D. Calif.).
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Residents File Class Action Lawsuit Following Michigan Oil Spill
GRAND RAPIDS, Mich. - A couple living along the Kalamazoo River on July 30 filed a class action lawsuit in Michigan federal court after a July 26 accident caused a ruptured oil pipe to spew approximately 1 million gallons of crude oil into the river (Eugene Volstromer, et al. v. Enbridge Inc., et al., No. 10-cv-0752, W.D. Mich.).
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Retired Pro Football Player Sues Video Game Maker Over Use Of Likenesses
SAN FRANCISCO - A retired professional football player on July 29 filed a class action lawsuit in California federal court accusing the manufacturer of a popular video game of using retired players' likenesses without permission (Michael E. Davis v. Electronic Arts Inc., No. CV 10-3328, N.D. Calif.).
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Consumer Fraud Class Against Beverage Company Denied Certification
NEW YORK - Claims that Snapple Beverage Corp. defrauded consumers about the ingredients in its teas and juices will not proceed as a class action, a New York federal judge ruled Aug. 5 (Evan Weiner, et al. v. Snapple Beverage Corp., No. 07 Civ. 8742, S.D. N.Y.; 2010 U.S. Dist. LEXIS 79647).
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Panel: Class Certification Under Test Was Properly Denied By District Court
PHILADELPHIA - In what it called an issue of first impression, a Third Circuit U.S. Court of Appeals panel on Aug. 16 affirmed a federal court's denial of class certification in a securities class action, ruling that shareholders have failed to properly plead a presumption of reliance under the fraud-created-the-market theory (John A. Malack, al. v. BDO Seidman, LLP, No. 09-4475, 3rd Cir.; 2010 U.S. App. LEXIS 17090).
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Racial Discrimination Class Against Merrill Lynch Denied Certification
CHICAGO - Claims that financial brokerage firm Merrill Lynch Pierce Fenner & Smith Inc. racially discriminated against black employees working as financial advisers will not proceed as a class action, an Illinois federal judge ruled Aug. 9 (George McReynolds, et al. v. Merrill Lynch Pierce Fenner & Smith Inc., No. 05 C 6583, N.D. Ill.; 2010 U.S. Dist. LEXIS 80002).
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Employment Discrimination Class Denied Renewed Motion For Class Certification
NEWARK, N.J. - A putative class of Johnson & Johnson employees who claim that the company discriminated against black and Hispanic employees was denied certification on July 30 by a New Jersey federal judge (Nilda Gutierrez, et al. v. Johnson & Johnson, No. 01-5302, D. N.J.; 2010 U.S. Dist. LEXIS 77123).
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6th Circuit Affirms Ruling Denying Certification Of Prepayment Fee Class
CINCINNATI - The Sixth Circuit U.S. Court of Appeals on Aug. 13 affirmed a federal judge's ruling that denied certification of a proposed class for individuals who paid prepayment fees in excess of Ohio's statutory limits after finding that the judge did not err in concluding that the plaintiffs' claims were rendered moot when they entered into an agreement to settle their claims with defendant Countrywide Home Loans Inc. (Frederic M. Gawry, et al. v. Countrywide Home Loans Inc., et al., No. 09-3974, 6th Cir.; 2010 U.S . App. LEXIS 16907).
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Appeals Court Affirms Class Certification Denial In Civil Rights Action
ST. LOUIS - An Iowa federal judge's decision to deny certification of a class action lawsuit that accused Woodbury County, Iowa, law enforcement officials of civil rights violations was affirmed Aug. 5 by a panel of the Eighth Circuit U.S. Court of Appeals (Maureen Rattray, et al. v. Woodbury County, Iowa, et al., No. 09-2314, 8th Cir.; 2010 U.S. App. LEXIS 16207).
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5th Circuit Panel Affirms Remand Of Louisiana Chemical Exposure Classes
NEW ORLEANS - A Louisiana federal judge's order remanding seven class action lawsuits that seek to hold a chemical company liable for the allegedly negligent release of noxious chemicals was affirmed Aug. 6 by a panel of the Fifth Circuit U.S. Court of Appeals (Melissa Wilson Berniard v. Dow Chemical Company, No. 10-30497, 5th Cir.).
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Remand Of Consumer Protection Class Granted By Illinois Federal Judge
CHICAGO - An Illinois man's motion seeking remand of a class action lawsuit that accuses an Internet service provider of violating state consumer protection laws was granted Aug. 2 by an Illinois federal judge (Gregory Lambert v. Hughes Network Systems LLC, No. 10-cv-0571, N.D. Ill.; 2010 U.S. Dist. LEXIS 78316).
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Consumer Fraud Class Against Bed Manufacturer Dismissed For Lack Of Claim
HARRISBURG, Pa. - Claims that a bed manufacturer defrauded consumers by selling beds as new when they were actually refurbished were dismissed by a Pennsylvania federal judge on Aug. 6 (John E. Boland v. Select Comfort Corp., No. 10-cv-0465, M.D. Pa.; 2010 U.S. Dist. LEXIS 79455).
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Federal Judge Tosses Third-Party Payer Suit Against Yaz Makers
EAST ST. LOUIS, Ill. - The federal judge presiding over the Yasmin and Yaz marketing, sales practices and products liability multidistrict litigation on Aug. 5 dismissed a third-party payer class action suit alleging that they overpaid for Yaz as a result of the manufacturers' off-label marketing of the birth control pill and misrepresentations about the drug's safety and effectiveness (In re: Yasmin and Yaz (Drospirenone) Marketing, Sales Practices and Products Liability Litigation, MDL 2100, Case no. 09-md-2100, Philadelphia Firefighters Union Local No. 22 Health and Welfare Fund, et al. v. Bayer Healthcare Pharmaceuticals Inc., et al., No. 09-cv-20071, S.D. Ill.).
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Child Bath Products Actions Dismissed In New Jersey For Failing To State Claim
NEWARK, N.J. - Three putative class actions alleging chemical contamination of child personal care products were dismissed Aug. 2 in the U.S. District Court for the District of New Jersey for failing to state a claim (Jennifer Crouch, et al. v. Johnson & Johnson Consumer Companies Inc., et al., No. 09-2905, N.J. Dist.; 2010 U.S. Dist. LEXIS 80139; Kristina Vercellono, et al. v. Gerber Products Co., et al., No. 09-2350, D. N.J.; 2010 U.S. Dist. LEXIS 80137; Jaime Boyd, et al. v. Johnson & Johnson Consumer Cos. Inc., et al., No. 09-3135, D. N.J.; 2010 U.S. Dist. LEXIS 80143).
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Class Action Claims Over Diet Supplement Dismissed Over Value
LOS ANGELES - A federal judge in California has dismissed a putative class action lawsuit over Metabolic Research Inc.'s diet supplement Stemulite, saying in an Aug. 4 opinion that the plaintiffs had failed to meet the jurisdictional amount in controversy (Michael Campos, et al. v. Metabolic Research, Inc., et al., No. 09-9445-VBF, C.D. Calif.).
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3rd-Party Payer Too Late Seeking Appeal Of Dismissal Of Cephalon Off-Label Case
PHILADELPHIA - Third-party payers who allege that Cephalon cost them money through off-label marketing of three drugs lost their bid to appeal the dismissal of their case by filing two days late, a panel of the Third Circuit U.S. Court of Appeals said Aug. 11 (Central Regional Employees Benefit Fund, et al. v. Cephalon Inc., et al., No. 10-2284, 3rd Cir.; See 11/2/09, Page 6).
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Wellcare Announces $200 Million Settlement In Securities Class Action
TAMPA, Fla. - WellCare Health Plans Inc. announced Aug. 9 that it has reached an agreement to settle for $200 million a putative securities fraud class action that was brought against it in a Florida federal court (Eastwood Enterprises, LLC, et al. v. Todd S. Farha, et al., No. 8:07-cv-1940-T-33EAJ, M.D. Fla.).
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$7.5 Million Settlement Of Consumer Fraud Class Granted Preliminary Approval
BOSTON - A $9.35 million settlement of a class action lawsuit that accused razor manufacturer Gillette of consumer fraud was granted preliminary approval by a Massachusetts federal judge Aug. 6 (In Re: M3 Power Razor System Marketing & Sales Practices Litigation, No. 05-11177, D. Mass.; 2010 U.S. Dist. LEXIS 79626).
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Final Approval Granted To $69 Million Settlement Of Auto Liability Class
NEWARK, N.J. - A federal magistrate judge in New Jersey federal court on Aug. 3 granted final approval to a $69 million settlement of a class action lawsuit involving product liability claims against Volkswagen of America (John M. Dewey, et al. v. Volkswagen of America, et al., No. 07-2249, D. N.J.; 2010 U.S. Dist. LEXIS 79304).
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Fla. Judge Grants $6.6 Million In Settlements In Chinese Drywall Class Action
MIAMI - In the first approved Chinese drywall state class action in the country, a Florida judge on Aug. 5 granted final approval to a pair of settlements between the plaintiffs and their homebuilder and two real estate agencies totaling $6.6 million; the case remains pending against other parties (Jason Harrell, et al. v. South Kendall Construction Corp., et al., No. 09-08401 CA, Fla. Cir., 11th Judicial Cir., Miami-Dade Co.).
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California Federal Judge Orders Bank To Pay $203M On Overdraft Claims
SAN FRANCISCO - A California federal judge on Aug. 10 ordered San Francisco-based banking giant Wells Fargo to pay $203 million in restitution based on claims that the company manipulated transactions in an effort to maximize overdraft fees charged to customers (Veronica Gutierrez, et al. v. Wells Fargo Bank N.A., No. C 07-05923, N.D. Calif.).
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Appeals Panel Finds Judge Had No Grounds To Vacate Arbitration Class Awards
LOS ANGELES - A Los Angeles County Superior Court judge did not have grounds to vacate arbitration awards in two employment class action lawsuits that accused a mortgage lender of violating California labor law, a California appellate court ruled Aug. 6 (Countrywide Financial Corp., et al. v. Thomas Bundy, et al., No. B215912, Calif. App., 2nd Dist., Div. 5; 2010 Cal. App. LEXIS 1370).
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3rd Circuit Majority Revives Class Action Suit Against Settlement Agency
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on Aug. 5 reversed a federal judge's ruling dismissing a couple's class action suit against a settlement agency that allegedly violated the Real Estate Settlement Procedures Act (RESPA) by charging them a $150 fee for a service it did not perform, finding that the judge erred in making his decision after considering matters outside the complaint (Arthur R. Tubbs, et al. v. North American Title Agency Inc., et al., No. 09-2757, 3rd Cir.; 2010 U.S. App. LEXIS 16342).
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Chinese Drywall MDL Plaintiffs Ask Court To Bar Ga. Court's Nationwide Settlement
NEW ORLEANS - Saying that a putative class action settlement of Chinese drywall liability against a drywall retailer in a Georgia state court is an "end-run" around the jurisdiction of the judge overseeing the federal multidistrict litigation, the MDL plaintiffs asked the judge Aug. 9 to enjoin the settlement as well as the attorneys involved (In re: Chinese- Manufactured Drywall Products Liability Litigation, No. 2:09md02047, E.D. La.; See August 2010, Page 4).
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1st Circuit Panel Affirms $256 Million Judgment In CROA Class Action
BOSTON - A $256 million judgment lodged against a series of credit repair companies and their founders was affirmed July 27 by a panel of the First Circuit U.S. Court of Appeals (Andrew Zimmerman, et al. v. Cambridge Credit Counseling Corp., et al., No. 09-1416, 1st Cir.; 2010 U.S. App. LEXIS 15315).
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Florida Waitress Files Class Action Seeking Damages From Oil Spill
TALLAHASSEE, Fla. - A Franklin County, Fla., woman on July 21 filed a class action lawsuit in Florida federal court seeking damages on behalf of all food and beverage service workers in Florida's Gulf Coast counties who have been damaged by the Gulf of Mexico oil spill (Emily R. Adams v. BP PLC, et al., No. 10-cv-0306, N.D. Fla.).
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Gulf Coast Residents File 1st Personal Injury Class Involving Oil Spill
MOBILE, Ala. - Two Alabama women on July 26 filed what is believed to be the first personal injury class action involving the chemical dispersant Corexit 9500 in Alabama federal court (Glynis H. Wright, et al. v. BP PLC, et al., No. 10-cv-0397, S.D. Ala.).
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BP Hit With Class Action Over Alleged Chemical Leak At Texas Refinery
GALVESTON, Texas - Embattled oil giant BP was hit with a class action lawsuit in Texas federal court on Aug. 3, accusing the company of endangering the health of Texas City, Texas, residents after an alleged leak of toxic chemicals at a Texas refinery (Hamilton Fontenot, et al. v. BP Products North America Inc., No. 10-cv-0395, S.D. Texas).
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Internet Search Engine Accused Of Publishing False Information
LOS ANGELES - Internet search engine Spokeo.com is accused in a class action complaint filed July 20 in California federal court of publishing false and misleading information about millions of Americans without appropriate notice or consent (Thomas Robins v. Spokeo Inc., No. 10-cv-05306, C.D. Calif.).
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Florida Class Action Says Tylenol PM Is Not A Sleep Aid
FORT LAUDERDALE, Fla. - A Florida class action filed July 26 in state court says McNeil Consumer Healthcare falsely claims that Tylenol PM is a nonprescription sleep aid (Myrna Eisenberg, et al. v. McNeil Consumer Healthcare, et al., No. 10-30400, Fla. Cir., Broward Co.).
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Providers, Associations Sue, Say Claims Not Released By MDL Settlement
MIAMI - A group of health care providers and medical associations on July 19 filed a complaint in a Florida federal court, seeking declaratory relief that claims they have asserted in a multidistrict litigation pending in a California federal court are not released through a settlement the defendant reached in a separate multidistrict litigation in Florida federal court (In re Managed Care Litigation, Master File No. 00-1334; Stephen D. Henry, M.D., et al. v. WellPoint Inc., No. 10-22373, S.D. Fla.).
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Consumer Fraud Class Against Bank Over Gift Card Fees Denied Certification
PHILADELPHIA - Claims that two banks failed to disclose the deduction of dormancy fees from gift cards before the cards' expiration date will not proceed as a class action lawsuit, a Pennsylvania federal judge ruled July 29 (Chawezi Mwantembe, et al. v. TD Bank N.A., et al., No. 09-0135, E.D. Pa.; 2010 U.S. Dist. LEXIS 76644).
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Special Master Recommends Denial Of Class Certification In Intel Antitrust Case
WILMINGTON, Del. - The federal special master in Delaware overseeing the Intel Corp. antitrust litigation on July 28 recommended that the indirect purchasers' motion for class certification be denied for failing to demonstrate common impact, adequacy of representation, commonality and manageability (In re Intel Corporation Microprocessor Antitrust Litigation [Phil Paul, et al. v. Intel Corporation], MDL No. 05-1717, No. C.A. 05-485, D. Del.).
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Judge Certifies Class Of Purchasers Alleging That Washing Machines Grow Mold
CLEVELAND - An Ohio federal judge on July 12 certified a class of purchasers of washing machines that contain alleged defects that cause them to grow mold, finding that the proposed class satisfied the prerequisites of Federal Rule of Civil Procedure 23(b)(3) (In re: Whirlpool Corp. Front-Loading Washer Products Liability Litigation, No. 1:08-WP-65000, N.D. Ohio; 2010 U.S. Dist. LEXIS 69254).
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Racial Discrimination Claims Against Mortgage Lender Granted Class Certification
SAN FRANCISCO - Claims that a California-based mortgage lender discriminated against minority borrowers by granting them loans with less favorable terms will proceed as a class action lawsuit, a California federal judge ruled July 20 (Ana Ramirez, et al. v. Greenpoint Mortgage Funding Inc., No. C08-0369, N.D. Calif.; 2010 U.S. Dist. LEXIS 76302).
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Fair Debt Collection Class Granted Certification By Nebraska Federal Judge
LINCOLN, Neb. - Claims that debt collection companies violated federal and state laws by sending out allegedly misleading and false debt collection letters may proceed as a class action lawsuit, a Nebraska federal judge ruled July 13 (Laraine Harris, et al. v. D. Scott Carruthers & Assoc., et al., No. 8:09cv154, D. Neb.; 2010 U.S. Dist. LEXIS 69517).
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California Federal Judge Certifies Statewide Debt Collection Class Action
SAN DIEGO - Claims that a debt collection company violated federal and state debt collection laws will proceed as a class action, a California federal judge ruled July 14 (Sallie A. Durham v. Continental Central Credit, et al., No. 07cv1763, S.D. Calif.; 2010 U.S. Dist. LEXIS 70445).
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California Federal Judge Certifies Employment Class Of Newspaper Carriers
SAN DIEGO - Claims that a California newspaper violated state labor laws by intentionally misclassifying its newspaper carriers as independent contractors will proceed as a class action, a California federal judge ruled July 27 (Yvonne Dalton, et al. v. Lee Publications Inc., et al., No. 08cv1072, S.D. Calif.; 2010 U.S. Dist. LEXIS 75132).
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11th Circuit: Georgia Federal Court Lacked Jurisdiction To Hear Consumer Class
ATLANTA - A Georgia federal judge lacked jurisdiction to entertain a class action lawsuit that accused a satellite television provider of charging unlawful fees, a panel of the 11th Circuit U.S. Court of Appeals ruled July 19 (Renato Cappuccitti v. DirecTV Inc., No. 09-14107, 11th Cir.; 2010 U.S. App. LEXIS 14724).
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10th Circuit Rules BP Can Seek Removal Of Consumer Class
DENVER - A unanimous panel of the 10th Circuit U.S. Court of Appeals ruled July 29 that London-based energy giant BP America Inc. may appeal an Oklahoma federal judge's remand order of a consumer action filed by the Oklahoma Attorney General (BP America Inc., et al. v. State of Oklahoma, et al., No. 09-705, 10th Cir.; 2010 U.S. App. LEXIS 15731).
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Defect, Warranty Claims For Vagus Nerve Stimulator Are Preempted, 3rd Circuit Says
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 30 affirmed that manufacturing defect and breach of warranty claims involving the Vagus Nerve Stimulation (VNS) Therapy System made by Cyberonics Inc. are expressly preempted (Diane M. Williams, et al. v. Cyberonics, Inc., No. 09-3800, 3rd Cir.; See 12/20/06, Page 4).
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Consumer Protection Class Involving Baby Shampoo Dismissed Upon Reconsideration
NEWARK, N.J. - A New Jersey federal judge on Aug. 2 dismissed a class action lawsuit that accused the manufacturers of baby shampoo of contaminating the product with a substance that is explicitly banned by the U.S. Food and Drug Administration (Erika Levinson, et al. v. Johnson & Johnson Consumer Companies Inc., et al., No. 09-cv-03317, D. N.J.; 2010 U.S. Dist. LEXIS 77576; See 2/4/10, Page 24).
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9th Circuit Affirms Dismissal Of Case Challenging Provider Rates
SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeal on July 27 in an unpublished opinion affirmed the dismissal of a class action complaint alleging that an insurance company misrepresented the amounts preferred providers could charge (Kimberly Young, et al. v. Regence Blueshield, No. 09-36025, 9th Cir.).
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Federal Judge Allows Class Action Involving Vitaminwater To Proceed
BROOKLYN, NY - A federal judge in New York on July 21 ruled that a class action alleging that a popular line of beverages are falsely marketed as providing health benefits to consumers can proceed; however, the judge agreed to dismiss three claims (Batsheva Ackerman, et al. v. The Coca-Cola Co., et al., No. 09-0395, E.D. N.Y.; 2010 U.S. Dist. LEXIS 73156).
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Veterinary Drug Liability Class Allowed To Proceed, Ohio Federal Judge Rules
TOLEDO, Ohio - Claims that a drug used to treat diabetes in household pets caused animals to be injured or die will be allowed to proceed, an Ohio federal judge ruled July 16 (Lawrence M. Friedman v. Intervet Inc. d/b/a Intervet/Schering-Plough Animal Health, No. 3:09-cv-02945, N.D. Ohio; 2010 U.S. Dist. LEXIS 71718).
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Consumers File Consolidated Class Complaint In Toyota Product Liability Litigation
LOS ANGELES - Attorneys in the Toyota Motor Corp. multidistrict litigation on Aug. 2 filed a consolidated class action complaint in a California federal court, alleging that the automaker knowingly has concealed defects associated with unintended acceleration since 2002 (In Re: Toyota Motor Corp. Unintended Acceleration Marketing and Sales Practices Litigation, No. 8:10-ml-2151, C.D. Calif.).
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Nashville Government Found To Have Discriminated Against Black Employees
NASHVILLE, Tenn. - The municipal water agency for the City of Nashville, Tenn., has discriminated against its black employees in the areas of promotions and transfer opportunities, a Tennessee federal judge ruled July 22 (Claude Grant, et al. v. Metropolitan Government of Nashville and Davidson County, Tenn., No. 04-cv-0630, M.D. Tenn.; 2010 U.S. Dist. LEXIS 74114).
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ERISA Doesn't Provide Pension Credits Related To Settlement, Judge Holds
PHILADELPHIA - A federal judge in Pennsylvania on July 14 ruled that regulations interpreting the Employee Retirement Income Security Act do not grant pension credits for periods of layoff to employees who shared in the settlement of a sex discrimination action because the regulations intend credits for "payments that compensate for lost wages during periods of layoff or other absence and not payments that merely happen to include periods of layoff within the calculation" (Phyllis Anderson, et al. v. The Bakery and Confectionary Union and Industry International Pension Fund, et al., No. 07-1165, E.D. Pa.; 2010 U.S. Dist. LEXIS 71059).
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Nonstatutory Labor Exemption Doesn't Apply; Nurses' Antitrust Claims Continue
SYRACUSE, NY - The nonstatutory labor exemption did not exempt a hospital that paid its registered nurses (RNs) pursuant to wage rates established in a collective bargaining agreement from antitrust liability, where the RNs alleged that the hospital engaged in anti-competitive agreements with nonunionized hospitals to depress RNs' wages, a federal judge in New York ruled July 21 in denying the hospital's motion for summary judgment (Wendy Fleischman, et al. v. Albany Medical Center, et al., No. 06-cv-0765, N.D. N.Y.; 2010 U.S. Dist. LEXIS 73220; See 3/4/10, Page 10).
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Settlement Of Consumer Fraud Class Against Dietary Supplement Company Approved
LOS ANGELES - A class action settlement involving allegations that a dietary supplement company violated state consumer protection laws by making fraudulent and misleading statements in its advertising was granted preliminary approval on June 9 by a California state judge (Denise Wally v. CCA Industries Inc., No. BC422833, Calif. Super., Los Angeles Co.).
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7th Circuit Says Letters Sent From Loan Servicer Attempted To Collect Debt
CHICAGO - The Seventh Circuit U.S. Court of Appeals on July 27 revived a woman's class action lawsuit accusing Litton Loan Servicing of violating the Fair Debt Collection Practices Act (FDCPA) when the appeals court found that two letters the loan servicer sent to the plaintiff offering solutions to prevent foreclosure were attempts to collect on her debt (Camille Gburek v. Litton Loan Servicing LP., No 08-3776, 7th Cir.; 2010 U.S. App. LEXIS 15346).
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Louisiana Fishermen Sue, Seek Health Monitoring For Oil Spill Cleanup Volunteers
NEW ORLEANS - Two Louisiana fishermen on July 20 filed a class action lawsuit in Louisiana state court, seeking health monitoring for volunteers and workers whom they claim are working in hazardous conditions cleaning up the Gulf of Mexico oil spill (John Wunstell Jr., et al., v. BP PLC, et al., No. 2010-7437, La. Dist., New Orleans Parish).
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Georgia Couples File Class Action Alleging Lost Rental Income From Oil Spill
ATLANTA - Two Georgia couples on July 12 filed a class action lawsuit in Georgia federal court alleging that they have lost income and property value on their Gulf Coast vacation homes as a result of the Gulf of Mexico oil spill (Christopher R. Schorr, et al. v. BP PLC, et al., No. 10-cv-02151, N.D. Ga.).
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Florida Couple Files Class Action Seeking Damages From Oil Spill
TAMPA, Fla. - A Sarasota County, Fla., couple on July 9 filed a class action lawsuit in Florida federal court seeking damages resulting from a diminution of property value because of the Gulf of Mexico oil spill (Thomas Murphy, et al. v. BP PLC, et al., No. 10-cv-01521, M.D. Fla.).
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Latino Civil Rights Group Sues Fitness Center Chain, Alleges Discrimination
OAKLAND, Calif. - A chain of fitness centers was hit with a class action lawsuit in California state court on July 13 accusing the company of discriminating against minority and female employees on the basis of gender and race (Raoul Fulcher Jr., et al. v. 24 Hour Fitness USA Inc., No. 10524911, Calif. Super., Alameda Co.).
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Class Action Seeks Indemnity For Dentists Who Used 'Defective' Dental Implant
LOS ANGELES - A dentist on June 30 asked a California federal court to declare that a dental implant is defective, to certify a national class of dentists and to order indemnification against claims by patients (Jason M. Yamada, D.D.S., et al. v. Nobel Biocare Holding AG, et al., No. 10-4849, S.D. Calif.).
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Food Company Accused Of Misleading Consumers About Nutrition Information
NEW YORK - A Brooklyn, N.Y., woman on June 29 filed a class action lawsuit in New York federal court accusing food giant General Mills Inc. of misleading consumers regarding the nutritional value of its "Fruit Roll-Ups" fruit snack (Payton McClure v. General Mills Inc., No. 10-cv-5015, S.D. N.Y.).
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Food Companies Hit With Allegations That Products Contain Unsafe Levels Of Lead
DENVER - A Colorado woman filed a class action complaint in federal court on July 9, claiming that numerous food and drink products marketed to children contain dangerous levels of lead (Suzanne Kennedy, et al. v. The Coca-Cola Co., et al., No. 10-1623, D. Colo.).
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Chocolate-Flavored Drink Subject Of Consumer Fraud Class Action
NEW YORK - A New York man on June 29 filed a class action lawsuit in New York federal court, alleging that the manufacturer of a chocolate-flavored beverage misleads consumers regarding the nutritional value of the product (Timothy Dahl v. Motts LLP, et al., No. 10-cv-02976, E.D. N.Y.).
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Nationwide Antitrust Class Action Against Apple, ATTM Is Certified
SAN JOSE, Calif. - A federal judge in California on July 8 certified a nationwide class action against Apple Inc. and AT&T Mobility Inc. (ATTM) on claims that the defendants engaged in unlawful monopolization of voice and data services related to Apple's iPhone but granted Apple's motion for summary judgment on purchasers' claims that Apple's iPhone Operating System Software version 1.1.1 "bricked" their iPhones (In re Apple & AT&TM Antitrust Litigation, No. C 07-05152 JW, N.D. Calif.).
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Appeals Court Reverses Order Denying Certification Of Wage-And-Hour Class
SANTA ANA, Calif. - An Orange County Superior Court judge's decision to deny certification of a class action lawsuit accusing a security company of state labor law violations was reversed June 24 by a California appellate court (Josie Faulkinbury, et al. v. Boyd & Associates Inc., No. G041702, Calif. App., 4th Dist., Div. 3; 2010 Cal. App. LEXIS 964).
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3rd Circuit Rejects $295M Antitrust Settlement In De Beers Class Action
PHILADELPHIA - The Third Circuit U.S. Court of Appeals on July 13 set aside a $295 million settlement of a class action lawsuit that alleged that De Beers companies fixed prices in the wholesale market for gem-quality diamonds, concluding that the differences in state antitrust laws regarding whether indirect purchasers had standing made certification of a nationwide damages class of state antitrust claims improper (Shawn Sullivan, et al. v. DB Investments, Inc., et al., Nos. 08-2784, -2785, -2798, -2799, -2818, -2819, 02831, -2881, 3rd Cir.; 2010 U.S. App. LEXIS 14375).
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Minnesota Federal Judge Certifies Employment Class Of Pizza Delivery Drivers
MINNEAPOLIS - A putative class of pizza delivery drivers was certified June 21 by a Minnesota federal judge based on claims that the drivers' employer, Domino's Pizza LLC, failed to sufficiently reimburse them for delivery costs, causing them to be paid less than minimum wage (Matt Luiken, et al. v. Domino's Pizza LLC, No. 09-cv-0516, D. Minn.; 2010 U.S. Dist. LEXIS 61020).
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Pharmaceutical Firm Settles Gender Bias Class Claims For $175 Million
NEW YORK - Novartis Pharmaceuticals Corp. (NPC) agreed July 14 to pay $175 million to settle claims that it discriminated against its female sales representatives solely on the basis of their gender (Amy Velez, et al. v. Novartis Pharmaceuticals, et al., No. 04 Civ. 9194, S.D. N.Y.; See 6/3/10, Page 24).
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AIG Agrees To Pay $725 Million To Settle Bid-Rigging Securities Class
NEW YORK - American International Group Inc. (AIG) has agreed to pay $725 million to resolve a class action brought against it in a New York federal court by investors who allege that the company engaged in bid rigging and accounting improprieties, Ohio Attorney General Richard Cordray said in a July 16 press release (In Re: American International Group Inc. Securities Litigation, No. 04-8141, S.D. N.Y.; See 3/18/10, Page 32).
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Calif. State Jury Orders Nursing Home Chain To Pay $671M For Staffing Violations
EUREKA, Calif. - A California state court jury on July 6 awarded $671 million to a statewide class of nursing home patients and their families after finding that a nursing home chain violated state staffing requirements (Vinnie Lavender, et al. v. Skilled Healthcare Group, Inc., No. DR060264, Calif. Super., Humboldt Co.).
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Magistrate Judge Approves Settlement Involving Prepaid Calling Card Fraud Claims
NEWARK, N.J. - A New Jersey federal magistrate judge on July 16 granted preliminary approval to an $8.4 million settlement of a class action lawsuit that claimed that prepaid calling cards did not provide the quantity of minutes advertised (Orlando S. Ramirez, et al. v. STI Prepaid LLC, et al., No. 08-1089, D. N.J.).
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3 Canadian Courts Approve Zyprexa Class Settlement Worth Up To $26M
TORONTO - Three Canadian courts have approved a maximum $26 million Canadian Zyprexa class settlement, the parties announced June 30 (Andrea Heward, et al. v. Eli Lilly & Company, et al., No. 05-CV-283309CP, Ontario Super., Nicole Dallaire, et al. v. Eli Lilly Canada Inc., et al., No. 200-06-000050-057, Quebec Super.; Marc Estrin, et al. v. Eli Lilly Canada Inc., et al., No. S050483, British Columbia Sup.).
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Arbitration Clause In Student Loan Company's Loan Agreement Ruled Unconscionable
NEW YORK - A clause within a student loan company's loan agreement requiring that all disputes be heard in arbitration is unconscionable under California law, a panel of the Second Circuit U.S. Court of Appeals ruled July 12 (Joshua G. Fensterstock v. Education Finance Partners, et al., No. 09-1562-cv, 2nd Cir.; 2010 U.S. App. LEXIS 14172).
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Texas High Court Finds Abuse Of Discretion In Ruling Denying Stay
AUSTIN, Texas - A Dallas County District Court judge abused his discretion by refusing to stay litigation that could moot the potential arbitration of related claims in the same lawsuit, the Texas Supreme Court ruled June 25 (In Re: Merrill Lynch & Co. Inc., No. 09-0161, Texas Sup.; 2010 Tex. LEXIS 471).
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Class Action Against Law Firms Alleging Improper Payment Dismissed
BOSTON - A Massachusetts federal judge on July 8 dismissed a class action filed against two law firms accused of receiving improper payment for representing a credit repair organization in a multimillion dollar class action lawsuit (Andrew Zimmermann, et al. v. Epstein Becker & Green P,C., et al., No. 09-cv-30194, D. Mass.; 2010 U.S. Dist. LEXIS 67835).
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Boeing's Asset Sale Did Not Unlawfully Interfere With ERISA Benefits, Judge Holds
WICHITA, Kan. - Boeing Co. did not interfere with a class of its former employees' pension rights in violation of the Employee Retirement Income Security Act when it sold the assets of certain of its commercial facilities to Spirit AeroSystems Inc. and the former employees were not hired by Spirit, a federal judge in Kansas ruled June 30 (Perry Apsley, et al. v. The Boeing Company, et al., No. 05-1368, D. Kan.; 2010 U.S. Dist. LEXIS 65837).
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7th Circuit Dismisses Securities Action Against Life Insurer
CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on June 25 dismissed an appeal of an Indiana judge's order remanding a class action lawsuit that accuses a life insurance company of breaching the terms of its policies by charging "cost-of-insurance" fees (Lincoln National Life Insurance Co. v. Peter S. Bezich, No. 10-8013, 7th Cir.; 2010 U.S. App. LEXIS 13042).
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Consumers File Complaint Amending Class Claims In Apple Antitrust Litigation
SAN JOSE, Calif. - Consumers alleging that Apple Inc. violated federal antitrust laws by operating a monopoly over the online digital music market filed a complaint in California federal court July 9 amending their class action claims (In Re: Apple iTunes Antitrust Litigation, No. C 05-037, N.D. Calif.; See 8/6/09, Page 4).
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Maine State Retirement System Amends Fraud Claims Against Mortgage Lender
LOS ANGELES - The Maine State Retirement System on July 13 filed an amended consolidated class action complaint in a California federal court in its suit against Countrywide Finance Corp. based on allegations that the mortgage lender and other underwriters published false and misleading documents for mortgage-backed securities (Maine State Retirement System v. Countrywide Financial Corp., et al., No. 2:10-cv-0302, C.D. Calif.).
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Suit Accusing NCAA Of Running Illegal Ticket Lottery Allowed To Proceed
INDIANAPOLIS - A panel of the Seventh Circuit U.S. Court of Appeals on July 16 ordered an Indiana federal court judge to allow claims that the National Collegiate Athletic Association (NCAA) violated federal racketing laws by forcing ticket buyers into a lottery to proceed (Tom George, et al. v. National Collegiate Athletic Association, et al., No. 09-cv-3667, 7th Cir.; See 32/19/09, Page 20).
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2nd Circuit Finds Pharmaceutical Sales Reps Are Entitled To Overtime
NEW YORK - A unanimous panel of the Second Circuit U.S. Court of Appeals ruled July 6 that pharmaceutical sales representatives are entitled to overtime compensation under federal, New York and California law (In Re: Novartis Wage and Hour Litigation, No. 09-0437-cv, 2nd Cir.; 2010 U.S. App. LEXIS 13708).
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7th Circuit: Insurers Have No Duty To Defend Suits Against Beverage Container Maker
CHICAGO - Insurers of a beverage container manufacturer that is accused of knowingly manufacturing products that are harmful to consumers do not have a duty to defend the company in underlying class action lawsuits, the Seventh Circuit U.S. Court of Appeals ruled July 15 (Medmarc Casualty Insurance Co. v. Avent America, No. 09-3390, 7th Cir.; 2010 U.S. App. LEXIS 14488).
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Minnesota Federal Judge Disqualifies Class Counsel From Employment Action
MINNEAPOLIS - A Minnesota federal judge on July 13 removed a Minneapolis law firm as class counsel for a class of workers accusing Target Corp. of violating state and federal overtime laws (Linda Gifford, et al. v. Target Corp., No. 10-cv-01194, D. Minn.; 2010 U.S. Dist. LEXIS 70293).
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