Legal News Lancaster, PA
Split 9th Circuit Vacates Certification In Acura Collision Braking System Suit
PASADENA, Calif. - A split Ninth Circuit U.S. Court of Appeals panel on Jan. 12 reversed certification of a nationwide class of consumers who purchased or leased Acura RLs equipped with a collision mitigation braking system (CMBS) that they allege was misrepresented by American Honda Motor Co. Inc. (Michael Mazza, et al. v. American Honda Motor Company, Inc., No. 09-55376, 9th Cir.; 2012 U.S. App. LEXIS 626; See 1/8/09, Page 6).
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7th Circuit Vacates Denial Of Class Certification In Hospital Merger Suit
CHICAGO - A district court abused its discretion when it denied a motion for class certification in an antitrust case over the merger of two hospitals, the Seventh Circuit U.S. Court of Appeals ruled Jan. 13 (Steven Messner, et al. v. Northshore University HealthSystem, No. 10-2514, 7th Cir.; 2012 U.S. App. LEXIS 731).
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Gym Members Seek Certification Of Suit Over Not Honoring Lifetime Memberships
CHICAGO - People who purchased lifetime memberships from a fitness club and claim that some of those memberships are now not being honored moved Jan. 16 to certify a nationwide class as well as various subclasses of similarly situated individuals (Juan Dorado, et al. v. Bally Total Fitness Holding Corp., et al., No. 12-137, N.D. Ill.).
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BPA Litigation Class Denied Certification In Missouri; Test-Trial Selection Ordered
KANSAS CITY, Mo. - Class certification was denied Dec. 22 in the bisphenol A products liability litigation consolidated in the U.S. District Court for the Western District of Missouri for three putative classes of Missouri consumers, and the parties were ordered Dec. 27 to identify by Feb. 1 up to three plaintiffs with active suits who can try their cases in the District Court (In re: Bisphenol A Polycarbonate Plastics Products Liability Litigation, No. 08-1967, MDL 1967, W.D. Mo.; 2011 U.S. Dist. LEXIS 150015).
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Some Classes Certified In Action Alleging Improper Line Of Credit Suspension
SAN JOSE, Calif. - A federal judge in California on Jan. 5 certified a class and subclass but denied certification of another class and two subclasses in a case in which homeowners allege that Washington Mutual Bank (WaMu) improperly suspended their home equity lines of credit (Jeffrey Schulken, et al. v. Washington Mutual Bank, Henderson, NV, et al., No. 09-02708, N.D. Calif.).
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Class Certification Denied For Overtime Violation Claim Against National Retailer
NEW YORK - A Marshalls department store assistant manager did not prove that other assistant managers in Marshalls' hundreds of stores across the country spend most of their time performing nonmanagerial tasks, so his bid to certify a nationwide class in his claim for overtime pay violations fails, a New York federal judge ruled Jan. 13 (Martin Guillen v. Marshalls of MA, Inc., et al., No. 09-9575, S.D. N.Y.; 2012 U.S. Dist. LEXIS 4364).
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Nevada Strip Search Suit Partially Stayed Pending U.S. Supreme Court Ruling
LAS VEGAS - A U.S. magistrate judge on Jan. 12 partially stayed a proposed class suit over strip searching policies for prisoners in Las Vegas pending a U.S. Supreme Court ruling in another case addressing suspicionless strip searches (Dan Roadhouse v. Las Vegas Metropolitan Police Department, et al., No. 09-33, D. Nev.; 2012 U.S. Dist. LEXIS 4673).
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Class Certification Denied In Unfair Competition Case Against Google AdWords
SAN JOSE, Calif. - Although a California federal judge found there to be a common question of law regarding alleged omissions and misleading policies in Google Inc.'s AdWords program, he concluded that because of the "intricacies" involved in the pricing for each program participant, the question did not satisfy the predominance and superiority requirements for class certification under Federal Rule of Civil Procedure 23, leading him to deny the motion for certification in a Jan. 5 order (In Re Google AdWords Litigation, No. 5:08-cv-03369, N.D. Calif.; 2012 U.S. Dist. LEXIS 1216).
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Federal Judge Certifies Class Asserting Claims Against Debt Settlement Company
SPOKANE, Wash. - Saying state residents who claim violations of consumer and debt adjusting laws by a debt settlement company assert basically similar claims, a Washington federal judge on Jan. 10 certified a class in the litigation (Jerry Parkinson, et al. v. Freedom Fidelity Management Inc., No. 10-345-RHW, E.D. Wash.; 2012 U.S. Dist. LEXIS 2852).
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High Court Will Not Review Cash-Balance Conversion Case
WASHINGTON, D.C. - The U.S. Supreme Court on Jan. 17 declined to review a Third Circuit U.S. Court of Appeals ruling that AT&T Inc.'s conversion of its defined benefits plan for management employees to a cash-balance plan did not violate the Age Discrimination in Employment Act (ADEA) or the Employee Retirement Income Security Act's disclosure, anti-backloading or anti-cutback provisions (Phillip C. Engers, et al. v. AT&T, Inc., et al., No. 11-590, U.S. Sup.)
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Participants Seek High Court Review Of 10th Circuit's Cash Balance Plan Ruling
WASHINGTON, D.C. - Cash balance pension plan participants on Dec. 22 asked the U.S. Supreme Court to determine whether the Treasury Department's interpretation of its regulations on backloading from a "period of zero accruals" is entitled to deference and whether periods of "wear-away" are excepted from the Age Discrimination in Employment Act's (ADEA) protections (Wayne Tomlinson, et al. v. El Paso Corporation, et al., No. 11-795, U.S. Sup.).
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California Prison Officials Ordered Once More To Accommodate Disabled Prisoners
OAKLAND, Calif. - A California federal judge on Jan. 13 once again ordered California state corrections officials to accommodate disabled prisoners and parolees and provide an accessible and appropriate grievance procedure in a class suit that was first filed 17 years ago (John Armstrong, et al. v. Edmund G. Brown, Jr., et al., No. 94-2307, N.D. Calif.; 2012 U.S. Dist. LEXIS 4664).
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National Labor Board Rejects Agreement That Bars Filing Of Class Claims
WASHINGTON, D.C. - An employment agreement that precludes employees from filing joint, class or collective claims concerning wages, hours or other working conditions unlawfully restricts employees' "right to engage in concerted action for mutual aid or protection, notwithstanding the Federal Arbitration Act [FAA]," the National Labor Relations Board ruled in an opinion released Jan. 6 (D.R. Horton, Inc. and Michael Cuda, No. 12-CA-25764, NLRB).
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California Magistrate Judge Upholds Removal Despite Abandonment Of Class
SACRAMENTO, Calif. - A plaintiff's decision not to pursue class certification does not destroy federal jurisdiction under the Class Action Fairness Act (CAFA), a California federal magistrate judge ruled Jan. 13 (Christina Mitchell, et al. v. Skyline Homes, No. 09-2241, E.D. Calif.; 2012 U.S. Dist. LEXIS 4451).
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California Federal Judge Remands Denial Of Benefits Case, Says Removal Premature
LOS ANGELES - Holding that a health insurance company's removal of a class action wrongful denial of benefits was premature, a California federal judge on Jan. 3 remanded the case to state court (B.C., et al. v. Blue Cross of California, et al., No. 11-8961, C.D. Calif.; 2012 U.S. Dist. LEXIS 622).
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Vioxx MDL Judge: Kentucky Suit Isn't A Class Action; Case Is Remanded
NEW ORLEANS - The Louisiana federal judge overseeing the Vioxx multidistrict litigation on Jan. 3 found that a lawsuit brought by the Kentucky attorney general under that state's consumer protection law does not make the case a removable class action and remanded the case to Kentucky state court (In Re: Vioxx Products Liability Litigation, MDL Docket No. 1657, No. 10-115, E.D. La.; 2011 U.S. Dist. LEXIS 150314).
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Judge Gives Preliminary OK To Settlement In Chinese Drywall Litigation
NEW ORLEANS - The federal judge in Louisiana presiding over the Chinese drywall multidistrict litigation on Jan. 10 preliminarily approved a settlement that would resolve thousands of claims involving defective drywall manufactured by Knauf Plasterboard Tianjin (KPT) (In re: Chinese-Manufactured Drywall Products Liability Litigation, No. 2:09md02047, E.D. La.).
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Ducati Settles Allegations Of Faulty Plastic Gas Tanks
SAN JOSE, Calif. - A California federal judge on Jan. 12 granted final approval of a class settlement that will provide extended warranties to owners of Ducati motorcycles with plastic gas tanks (Jonas Sugarman, et al. v. Ducati North America, Inc., No. 10-5246, N.D. Calif.; 2012 U.S. Dist. LEXIS 3961).
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Federal Judge Dismisses Lead-Contaminated Fruit Juice Class Suit
BOSTON - U.S. Judge Michael A. Ponsor of the District of Massachusetts on Dec. 21 dismissed a multidistrict litigation class action against fruit juice manufacturers, saying the plaintiffs failed to state an injury in fact involving any exposure to lead-tainted fruit juice and did not show any proof they suffered economic damages as a result of buying the allegedly lead-tainted fruit juice (In re: Fruit Juice Products Marketing and Sales Practices Litigation, No. 11-MD-02231, D. Mass.; 2011 U.S. Dist. LEXIS 147588).
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Judge: Competition Law Claims Based On Allegedly Unlawful Loan Reductions OK
SAN DIEGO - A man successfully alleges that a lender violated the unfair competition law (UCL) by reducing the value of his home equity loan based on faulty price evaluations, a California judge held Jan. 13 (Bryan Vess, et al. v. Bank of America, N.A., et al., No. 10-920, S.D. Calif.; 2012 U.S. Dist. LEXIS 4484).
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Ohio Federal Judge Says Insurance Investigators Exempt From Overtime
COLUMBUS, Ohio - Calling it a "close case," an Ohio federal judge on Jan. 5 ruled in favor of Nationwide Mutual Insurance Co. on claims by insurance fraud investigators that Nationwide misclassified them as exempt from state and federal overtime pay requirements (Frank Foster, et al., v. Nationwide Mutual Insurance Company, No. 08-020, S.D. Ohio; 2012 U.S. Dist. LEXIS 1384).
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Claims Against Home Depot Sufficiently Alleged, Kansas Federal Judge Rules
TOPEKA, Kan. - Former employees of Home Depot USA Inc. who filed a class action against the company sufficiently alleged that Home Depot discriminates against older workers, a Kansas federal judge held Jan. 9 in denying the company's motion to dismiss the complaint (Karen Griffin, et al. v. Home Depot USA, Inc., No. 11-2366, D. Kan.; 2012 U.S. Dist. LEXIS 2502).
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North Carolina Federal Judge Dismisses Class Claims Against Family Dollar
CHARLOTTE, N.C. - Class claims that Family Dollar Stores Inc. discriminated against all female store managers by paying them less than male managers are foreclosed by the U.S. Supreme Court's decision last year in Wal-Mart Stores, Inc. v. Betty Dukes, et al., a North Carolina federal judge ruled Jan. 13 (Luanna Scott, et al., v. Family Dollar Stores, Inc., No. 08-540, W.D. N.C.; 2012 U.S. Dist. LEXIS 4669).
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EBay Member Accuses Auction Site Of Shortchanging Sellers
SAN FRANCISCO - An Arizona man who has sold items on eBay Inc.'s auction site filed a class complaint against the California company in a California federal court on Dec. 30, alleging that the site's automatic bidding process shortchanges sellers (Marshall Block, et al. v. eBay Inc., No. 11-6718, N.D. Calif.).
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Quest Diagnostics Managers File Gender Bias Class Suit
NEWARK, N.J. - A diagnostic testing company fosters an "old boys' club" environment and favors grooming male employees for leadership positions, two female employees allege in a class complaint filed in New Jersey federal court on Jan. 12 (Erin Beery, et al. v. Quest Diagnostics, Inc., et al., No. 12-231, D. N.J.).
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Security Software Developer Accused Of Duping Customers With Fraudulent Products
SAN JOSE, Calif. - A Washington man filed a class complaint on Jan. 10 against a computer security software developer in a California federal court, alleging that it defrauds consumers by inducing them to purchase software that does not function as advertised (James Gross, et al. v. Symantec Corporation, No. 12-154, N.D. Calif.).
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Tax Software Provider Accused Of Hiding Free Services From Consumers
SAN JOSE, Calif. - Two Arkansas residents filed a class complaint against Intuit Inc. in a California federal court on Jan. 13, alleging that the company hides its completely free tax filing software from customers and instead steers them toward its software that requires fees to be paid once customers are ready to file their taxes and allows customers to take out a refund anticipation loan (Tasha Smith, et al. v. Intuit, Inc., No. 12-222, N.D. Calif.).
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Zappos.com Faces Class Suit After Hackers Access Customers' Personal Info
LOUISVILLE, Ky. - A Texas woman filed suit against a major online shoe retailer on Jan. 16 in Kentucky federal court, alleging that her personal information and that of more than 24 million other people was stolen from the retailer by hackers (Theresa D. Stevens, et al. v. Amazon.com, Inc. d/b/a Zappos.com, No. 12-32, W.D. Ky.).
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Third-Party Payer Files RICO Class Action Against Walgreen, Par Pharmaceutical
CHICAGO - Playing off revelations in two whistle-blower lawsuits, a union third-party payer on Jan. 11 filed a federal class action lawsuit against Walgreen Co. and Par Pharmaceutical Cos. Inc., alleging that they violated the Racketeer Influenced and Corrupt Organizations Act by conspiring to exploit a reimbursement loophole and sell more expensive versions of generic Zantac (ranitidine) and Prozac (fluoxetine) to the union's members (United Food and Commercial Workers Unions, et al. v. Walgreen Company, et al., No. 1:12-204, N.D. Ill., E. Div.).
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Marketer Of Unlimited Download Sites Facing Class Suit For False Promises
SAN FRANCISCO - The marketer of websites that allegedly offer unlimited access to online digital goods including books and movies deceives customers by mass-producing fabricated consumer reviews, testimonials and blogs to legitimize the products, a Minnesota woman alleges in a class complaint filed Jan. 13 in a California federal court (Kimberly Yordy, et al. v. Plimus, Inc., et al., No. 12-229, N.D. Calif.).
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University Of California Accused Of Targeting Gay Men Looking For Sex
SAN FRANCISCO - An unnamed resident of Alameda, Calif., filed a federal class complaint on Jan. 3 against the Regents of the University of California, the chief and two officers of the University of California Police and 10 unnamed Does, alleging that they are illegally targeting and falsely arresting men interested in "non-monetary intimate association with other men" (John Doe, et al. v. Regents of the University of California, et al., No. 12-00008, N.D. Calif.).
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9th Circuit: District Court Lacks Jurisdiction Over Wiretapping Claims
SEATTLE - A telecommunications customer seeking declaratory and injunctive relief from telecommunications companies and the U.S. government may not proceed with his class claims in federal court because of a lack of jurisdiction, the Ninth Circuit U.S. Court of Appeals ruled Dec. 29, upholding the district court's dismissal (In re: National Security Agency Telecommunications Records Litigation, No. 09-17133, 9th Cir.; 2011 U.S. App. LEXIS 25950).
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Wage-And-Hour Case Sent Back To State Court Due To Amount In Controversy
SAN DIEGO - A California federal judge on Dec. 19 remanded a wage-and-hour class action to state court, finding that the amount in controversy does not meet the required $5 million threshold of the federal Class Action Fairness Act (CAFA) (Simona Montalvo v. Swift Transportation Corporation, No. 11-1827, S.D. Calif.; 2011 U.S. Dist. LEXIS 145803).
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9th Circuit: Suit Over Collecting Customer Info Belongs In Federal Court
PASADENA, Calif. - The Ninth Circuit U.S. Court of Appeals on Dec. 15 found that a putative class action alleging that a French fashion house violated California's Song-Beverly Credit Card Act by requesting and recording shoppers' personal identification information when they used credit cards for purchases at the company's retail stores belonged in federal court, reversing a District Court ruling (Deanna Morey, et al. v. Louis Vuitton North America, Inc., No. 11-56916, 9th Cir.; 2011 U.S. App. LEXIS 25002).
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Class Certification Denied In MDL Over Sale Of Analog OnStar Systems
DETROIT - A Michigan federal judge on Dec. 19 denied class certification of a multidistrict litigation over the alleged continued sale of analog OnStar systems after it was known that the systems would stop working in February 2008 (In Re: OnStar Contract Litigation, No. 07-1867, E.D. Mich.; 2011 U.S. Dist. LEXIS 145846).
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Class Of Latinos Certified In Arizona Federal Racial Profiling Suit
PHOENIX - An Arizona federal judge on Dec. 23 certified a class of Latinos suing the Maricopa County, Ariz., Sheriff's Office (MCSO) and Sheriff Joseph M. Arpaio for allegedly performing stops solely based on a person's race (Manuel de Jesus Ortega-Melendres, et al. v. Joseph M. Arpaio, et al., No. 07-2513, D. Ariz.; 2011 U.S. Dist. LEXIS 148187).
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California Class Certified For Failure-To-Warn Claims Against Garment Manufacturer
LOS ANGELES - A California class action against a children's clothing manufacturer for failing to disclose phthalate in labels in the garments was certified Dec. 15 in the U.S. District Court for the Central District of California (Laurie M. Montanez, et al. v. Gerber Childrenswear, No. 09-7420, C.D. Calif.).
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Massachusetts Plaintiffs Denied Certification In Action Seeking Explosion Damages
BOSTON - Class certification was denied Dec. 13 to two residents of Danvers, Mass., and an insurance company in a putative class action pending in the U.S. District Court for the District of Massachusetts under the typicality and adequacy standards for class treatment (Deborah Riva, et al. v. Ashland Inc., No. 09-12074, D. Mass.).
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No Common Answer Resolves Employment Dispute, California Federal Judge Says
LOS ANGELES - A California federal judge on Jan. 3 declined to certify a proposed class of 64 telephone company workers in a complaint alleging that they are misclassified as exempt from state overtime laws, finding that the common questions of the case cannot be resolved based on the same facts (Ulysses Aburto v. Verizon California, Inc., No. 11-03683, C.D. Calif.; 2012 U.S. Dist. LEXIS 329).
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Ala. Federal Magistrate Judge Conditionally Certifies Class Of Call Center Workers
MOBILE, Ala. - Two call center employees asserting unpaid wage claims can send notices to similarly situated employees giving them the opportunity to opt in to a class action complaint against their employer, an Alabama federal magistrate judge held Dec. 21 in conditionally certifying the case as a collective action under the Fair Labor Standards Act (FLSA) (Chasity Robinson, et al. v. Ryla Teleservices, Inc., No. 11-131, S.D. Ala.; 2011 U.S. Dist. LEXIS 147027).
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Louisiana Federal Judge Conditionally Certifies Class Of DirecTV Technicians
NEW ORLEANS - While not ruling on whether DirecTV Inc. satellite television technicians are employees or independent contractors, a Louisiana federal judge on Dec. 30 conditionally certified a national class of technicians in an action alleging that the company misclassified the workers as contractors to bypass federal wage requirements (Christian Lang, et al. v. DirecTV, Inc., et al., No. 10-1085, E.D. La.; 2011 U.S. Dist. LEXIS 150047).
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Class Commonality, Other Factors Not Established, Magistrate Judge Finds
FRESNO, Calif. - Two fieldworkers for California grape farms cannot pursue unpaid wage claims on behalf of hundreds of other workers because their federal court complaint does not sufficiently allege commonality or other factors for class certification, a magistrate judge held Dec. 12, citing Wal-Mart Stores, Inc. v. Betty Dukes, et al. throughout her findings and recommendation (Margarita Rosales, et al. v. El Rancho Farms, et al., No. 09-00707, E.D. Calif.; 2011 U.S. Dist. LEXIS 142779).
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Federal Judge Denies 2 Classes In Reimbursement Suit, Defers Ruling On 3rd Class
CHICAGO - An Illinois federal judge on Dec. 28 denied class certification for two of three classes sought in a wrongful reimbursement suit brought by chiropractors but deferred ruling on the third proposed class pending a summary judgment ruling (Pennsylvania Chiropractic Association, et al. v. Blue Cross Blue Shield Association, et al., No. 09-5619, N.D. Ill.; 2011 U.S. Dist. LEXIS 148689).
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Judge Finds Proposed Loan Modification Class Imprecise, May Lack Numerosity
SAN DIEGO - A federal judge in California on Dec. 29 denied without prejudice a motion to certify a class for borrowers who were denied permanent loan modifications from BAC Home Loans Servicing LP after finding that the proposed class definition was imprecise and could not have sufficient numbers to support a class action (Dennis Shaw, et al. v. BAC Home Loans Servicing LP, No. 10cv2041 BTM, S.D. Calif.; 2011 U.S. Dist. LEXIS 149416).
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Certification Denied In Premium Cable Subscribers' Tying Suit Against Cox
OKLAHOMA CITY - Class certification is not appropriate for premium cable subscribers who claim that Cox Enterprises Inc. unlawfully tied access to its premium services with mandatory rentals of its cable boxes, a federal judge in Oklahoma ruled Dec. 28 (In re: Cox Enterprises, Inc. Set-Top Cable Television Box Antitrust Litigation, No. 09-ML-2048-C, W.D. Okla.; 2011 U.S. Dist. LEXIS 149656).
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Wis. Federal Judge Requests Additional Affidavits Before Ruling On Certification
MADISON, Wis. - A Wisconsin federal judge on Dec. 29 stayed a joint stipulation for conditional class certification in a wage-and-hour suit and gave both the named plaintiff and the defendant two weeks to submit additional supporting affidavits (Blake Draper, et al. v. Captel, Inc., No. 11-535, W.D. Wis.; 2011 U.S. Dist. LEXIS 149288).
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Magistrate Judge Certifies Restaurant Workers Seeking Overtime
CENTRAL ISLIP, NY - A New York federal magistrate judge on Dec. 15 granted a motion for collective certification in a suit alleging that a handful of restaurants owned by the same individual failed to pay their employees overtime when they worked more than 40 hours per week (Antonio Garcia, et al. v. Pancho Villa's of Huntington Village, Inc., et al., No. 09-486, E.D. N.Y.; 2011 U.S. Dist. LEXIS 144363).
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Michigan Federal Judge Certifies Class Alleging Failure To Post ATM Fees
ANN ARBOR, Mich. - A Michigan federal judge on Dec. 20 granted class certification in a suit alleging that a Michigan bank failed to post notices on its ATMs notifying users of possible charges for using the machines (Nancy Kinder, et al. v. Dearborn Federal Savings Bank, No. 10-12570, E.D. Mich.; 2011 U.S. Dist. LEXIS 145992).
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Certification Denied For National Class In Suit Alleging Unpaid Tips
BOSTON - A Massachusetts federal judge on Dec. 19 declined to certify a national class of restaurant workers in a suit seeking damages for unpaid tips because the proposed lead plaintiff is part of a statewide class that has already reached a settlement with the restaurant and therefore would not be an adequate class representative (Abdel Abla, et al. v. Brinker Restaurant Corporation, et al., No. 10-10373, D. Mass.; 2011 U.S. Dist. LEXIS 146291).
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Proposed Job Discrimination Class Fails Dukes Standards, N.J. Federal Judge Rules
CAMDEN, N.J. - Gender discrimination claims by current and former female employees of Lockheed Martin Corp. do not meet the standards for class certification set by Wal-Mart Stores, Inc. v. Betty Dukes, et al., a New Jersey federal judge held Dec. 14 (Carol Bell v. Lockheed Martin Corporation, No. 08-6292, D. N.J.; 2011 U.S. Dist. LEXIS 143657).
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Class Certification Denied For Emergency Workers Alleging Race Discrimination
WASHINGTON, D.C. - A bid by 44 black firefighters and emergency personnel for class certification of a complaint alleging racial discrimination in their employment fails because they did not meet the commonality requirement established by Wal-Mart Stores, Inc. v. Betty Dukes, et al., a Washington federal judge held Dec. 23 (Gerald Burton, et al., v. District of Columbia, No. 10-01750, D. D.C.; 2011 U.S. Dist. LEXIS 147874).
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N.J. Federal Judge Slashes Attorney Fee Request In Debt Collection Suit
NEWARK, N.J. - A New Jersey federal judge on Dec. 29 slashed a plaintiff's request for more than $97,000 in attorney fees and awarded the man, who settled his proposed class action debt collection suit for $1,001, just under $12,000 after finding that the plaintiff was not successful on all his claims (Justin Freid v. National Action Financial Services, Inc., No. 10-2870, D. N.J.; 2011 U.S. Dist. LEXIS 149668).
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Fees Granted For 1 Attorney In Benefits Denial Case, Denied For Other Attorney
NEWARK, N.J. - A New Jersey federal judge on Dec. 28 awarded attorney fees to the attorney responsible for negotiating a settlement in a class action case over the wrongful denial of benefits for treatment of eating disorders but held that an attorney who brought a similar case that was affected by the settlement was not entitled to fees (Ronald Drazin, et al. v. Horizon Blue Cross Blue Shield of New Jersey, No. 06-6219, D. N.J.; 2011 U.S. Dist. LEXIS 148751).
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Divided Mont. Supreme Court Reverses, Affirms Class Order In Subrogation Case
HELENA, Mont. - A divided Montana Supreme Court held Dec. 21 that state made-whole laws do not apply to third-party health insurance administrators, but that state employees should have been able to pursue their claims on a class action basis against the state health plan for allegedly violating the made-whole laws (Jeannette Diaz, et al. v. Blue Cross and Blue Shield of Montana, et al., No. DA 09-0682, Mont. Sup.; 2011 Mont. LEXIS 433).
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7th Circuit Says Authority Lacking; Debtors' Class Action Ruling Not Final
CHICAGO - A panel of the Seventh Circuit U.S. Court of Appeals on Dec. 30 remanded a case, saying that it lacked statutory authority to rule on a class action brought by debtors who claim that a health care company wrongfully revealed personal medical information because the bankruptcy court's underlying judgment was not final (Rene R. Ortiz, et al. v. Aurora Health Care Inc. [In Re: Rene R. Ortiz], No. 10-3465, Chapter 13, 7th Cir.; 2011 U.S. App. LEXIS 26009).
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Toys 'R' Us, Purchasers Receive Final Approval Of $35.5M Antitrust Settlement
PHILADELPHIA - A federal judge in Pennsylvania on Dec. 21 granted final approval of a $35.5 million settlement of claims by direct purchasers who asserted that Toy's "R" Us Inc. coerced manufacturers into adopting vertical price restraints to restrict competition from Internet discounting and then charging consumers higher prices in violation of the Sherman Act (Carol McDonough, et al. v. Toys "R" Us, Inc., et al., No. 06-0242; Ariel Elliott, et al. v. Toys "R" Us, Inc., et al., No. 09-6151, E.D. Pa.).
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3rd Circuit Reinstates $295M Settlement In De Beers Price-Fixing Class Action
PHILADELPHIA - A divided en banc Third Circuit U.S. Court of Appeals on Dec. 20 reinstated 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 (Shawn Sullivan, et al. v. DB Investments, Inc., et al., Nos. 08-2784, -2785, -2798, -2799, -2818, -2819, 02831, -2881, 3rd Cir.; 2011 U.S. App. LEXIS 25185; See September 2010).
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Ga. Federal Judge Demands Justification Of Proposed Settlement In Fair Wage Suit
STATESBORO, Ga. - A Georgia federal judge on Dec. 19 ordered a group of migrant farm workers suing their employer under the Fair Labor Standards Act (FLSA) and the defendants to submit a joint brief explaining how class certification for settlement purposes is legally appropriate in light of a prior denial of class certification (Gumecindo Covarrubias-Guerrero, et al. v. Delbert C. Bland d/b/a Bland Farms, et al., No. 09-05, S.D. Ga.; 2011 U.S. Dist. LEXIS 145487).
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Parties In Defective Chinese Drywall Litigation Propose Class Action Settlement
NEW ORLEANS - Parties in the Chinese drywall multidistrict litigation in a Louisiana federal court on Dec. 15 announced a proposed class action settlement that would potentially resolve thousands of claims involving defective drywall manufactured by Knauf Plasterboard Tianjin (KPT) (In re: Chinese-Manufactured Drywall Products Liability Litigation, No. 2:09md02047, E.D. La.).
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Car Dealership Settles Claims Over Unsolicited Text Messages
Case name: Brandon Lo, et al. v. Oxnard European Motors, LLC, et al. Case number: 11-1009 Court: S.D. Calif.
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Settlement Money To Be Distributed In Wal-Mart Gender Discrimination Suit
LONDON, Ky. - More than 1,300 women who were denied employment at a Wal-Mart Stores Inc. distribution center will receive payments ranging from $2,000 to $52,500 under a settlement of gender discrimination claims brought by the U.S. government more than 10 years ago, according to a Dec. 20 order approving a final notice of distribution signed by a Kentucky federal judge (Equal Employment Opportunity Commission v. Wal-Mart Stores, Inc., No. 01-339, E.D. Ky.; 2011 U.S. Dist. LEXIS 146077).
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8th Circuit Upholds Dismissal Of Suit Over Resale Of Drivers' Info
ST. LOUIS - The Eighth Circuit U.S. Court of Appeals on Dec. 15 affirmed the dismissal of a class complaint alleging that the Missouri Department of Revenue (DOR) violated the Driver's Privacy Protection Act (DPPA) by creating a database of personal information in order to resell it to others (Janice Cook, et al. v. ACS State & Local Solutions, Inc., et al., No. 10-3818, 8th Cir.; 2011 U.S. App. LEXIS 24840).
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9th Circuit Reinstates 2 Suits Accusing Federal Government Of Dragnet Surveillance
SEATTLE - The Ninth Circuit U.S. Court of Appeals on Dec. 29 reinstated two class complaints accusing the federal government of conducting a "program of dragnet surveillance" (Carolyn Jewel, et al. v. National Security Agency, et al., No. 10-15616, Virginia Shubert, et al. v. George W. Bush, et al., No. 10-15638, 9th Cir.; 2011 U.S. App. LEXIS 25951; See 9/25/08, Page 18).
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Judge: Challenges To Facebook's Use Of Images In 'Sponsored Stories' May Proceed
SAN JOSE, Calif. - Consumers bringing a California unfair competition law (UCL) class action against Facebook Inc. have standing to pursue claims that the company misappropriated users' images in its "Sponsored Stories" program, a federal judge held Dec. 16 (Angel Fraley, et al. v. Facebook Inc., et al., No. 11-1726, N.D. Calif.; 2011 U.S. Dist. LEXIS 145195).
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9th Circuit Affirms Dismissal Of Actimmune Claims By Class, Third-Party Payer
SAN FRANCISCO - A panel of the Ninth Circuit U.S. Court of Appeals on Dec. 30 affirmed a lower court ruling that various class plaintiffs and a third-party payer failed to show that doctors relied on misrepresentations by InterMune Inc. and other defendants in the off-label marketing of the drug Actimmune (In Re: Actimmune Marketing Litigation, Deborah Jane Jarrett, et al. v. InterMune Inc., et al., Nos. 10-17237 and 10-17239, 9th Cir.; 2011 U.S. App. LEXIS 26054).
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Class Action Lawsuit Filed Against Insurers For Wrongful Bundling Of Claims
NEWARK, N.J. - On Dec. 16, multiple chiropractors filed a class action lawsuit in a New Jersey federal court, seeking to hold health insurers accountable for past abuses of allegedly illegally bundling claims for chiropractic services into one type of treatment despite separate and distinct treatments being provided (Alphonse A. DeMaria, D.C., et al. v. Horizon Healthcare Services Inc., et al., No. 11-7298, D. N.J.).
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Chicago Teachers File Federal Class Suit Claiming Unlawful Termination, Age Bias
CHICAGO - Two tenured Chicago teachers filed a class complaint on Dec. 30 against Chicago Board of Education and board members, alleging that the defendants failed to redress acts of unlawful termination, breach of contract and age discrimination (Barbara Ferkel, et al. v. Board of Education of the City of Chicago, et al., No. 11-9322, N.D. Ill.).
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Nike Employee Sues For Wages, Denied Meal And Rest Breaks
SAN FRANCISCO - A California man in a Dec. 29 federal class complaint accuses Nike Inc. of denying its retail employees all owed wages as well as proper meal and rest breaks (Webster Proctor, et al. v. Nike Retail Services, Inc., et al., No. 11-6711, N.D. Calif.).
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Class Certification Denied In Antitrust Suit Over Fixing Milk Prices
RUTLAND, Vt. - A Vermont federal judge on Dec. 9 denied a motion for class certification in an antitrust case filed by dairy farmers over alleged suppression of raw milk prices, finding that the plaintiffs' interest are not representative of all potential class members (Alice H. Allen, et al. v. Dairy Farmers of America, Inc., et al., No. 09-230, D. Vt.; 2011 U.S. Dist. LEXIS 141898).
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Plaintiffs: Dukes Does Not Justify Decertification Of Smokers' Monitoring Class
BOSTON - The U.S. Supreme Court's recent decision in Wal-Mart Stores, Inc. v. Dukes (131 S. Ct. 2541 [2011]) does not justify decertification of a smokers' medical monitoring class, plaintiffs who seek court-ordered, low-dose computerized tomography (LDCT) scans to check for incipient cancers argue in a Nov. 21 brief in the U.S. District Court for the District of Massachusetts (Kathleen Donovan, et al. v. Philip Morris USA, Inc., No. 1:06cv12234, D. Mass.; See 11/18/11, Page 7).
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Class Certification Denied In Stock-Drop Case Under Dukes Standard
CHICAGO - A federal judge in Illinois on Nov. 15 refused to certify a class of participants in Motorola Inc.'s 401(k) plan on their claims that the plan fiduciaries breached their fiduciary duties by continuing to hold and offer company stock as an investment option in the plan when it was imprudent to do so, holding that the participants failed to satisfy the requirements of Wal-Mart Stores, Inc. v. Dukes (Joe M. Groussman, et al. v. Motorola, Inc., et al., No. 10 C 911, N.D. Ill.; 2011 U.S. Dist. LEXIS 134769).
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Kansas Judge Conditionally Certifies Class Of Restaurant Managers Seeking Overtime
WICHITA, Kan. - A Kansas federal judge on Dec. 12 conditionally certified a class of fast food restaurant assistant managers who allege that they are treated as hourly employees but are denied overtime compensation (Gabriel Armstrong, et al. v. Genesh, Inc., No. 11-1161, D. Kan.; 2011 U.S. Dist. LEXIS 142722).
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Authors Seek Class Certification In Google Library Project Lawsuit
NEW YORK - Several months after a New York federal judge rejected a proposed settlement in the copyright dispute surrounding the Google Library Project (GLP), a group of representative plaintiff authors filed a motion on Dec. 12 for class certification (The Authors Guild Inc., et al. v. Google Inc., No. 1:05-cv-08136, S.D. N.Y.; See 4/1/11, Page 23).
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Rehab Centers' Employees Granted Conditional Certification In Fair Wage Suit
SPRINGFIELD, Mo. - A Missouri federal judge on Dec. 12 conditionally certified a collective action filed by nursing and rehabilitation centers' employees claiming that the company that manages their sites unlawfully withheld wages in violation of the Fair Labor Standards Act (FLSA) (Jade McClean, et al. v. Health Systems, Inc., et al., No. 11-2027, W.D. Mo.; 2011 U.S. Dist. LEXIS 142283).
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Customer Service Reps Seeking Unpaid Wages Certified In Collective Action
LAFAYETTE, Ind. - An Indiana federal judge on Dec. 12 conditionally certified as a collective class a group of customer service employees who allege that they were denied pay for all hours worked and were sometimes not paid in a prompt manner (Martha Swarthout, et al. v. Ryla Teleservices, Inc., No. 11-21, N.D. Ind.; 2011 U.S. Dist. LEXIS 142408).
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Colorado Federal Judge Conditionally Certifies FLSA Overtime Action
DENVER - Two consultants who worked for a company that provides job transitioning assistance have sufficiently alleged that putative class action members were the victims of a single decision, policy or plan resulting in potential overtime violations of the Fair Labor Standards Act (FLSA), a Colorado federal judge held Dec. 6 in conditionally certifying a collective action (John Green and Elizabeth Enright v. Drake Beam Morin, Inc., No. 11-01063, D. Colo.; 2011 U.S. Dist. LEXIS 140160).
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Split Pa. High Court Upholds $5.6M Verdict For Kia Sephia Owners
PHILADELPHIA - A split Pennsylvania Supreme Court on Dec. 2 upheld a $5.6 million class action judgment against Kia Motors America Inc. for allegedly selling cars with defective brakes (Shamell Samuel-Bassett, et al. v. Kia Motors America, Inc., Nos. 22 EAP 2008, 23 EAP 2008, 24 EAP 2008, Pa. Sup.; 2011 Pa. LEXIS 2896).
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Illinois Federal Judge Declines Request To Reopen Final Order And Judgment
CHICAGO - An Illinois federal judge on Dec. 5 refused a class member's request to reopen the order granting final approval of a settlement in a Worker Adjustment and Retraining Notification Act (WARN Act) suit after the class member missed collecting his check because of a house fire (Tywonia Hughes, et al. v. Merit Lincoln Park LLC, et al., No. 08-6191, N.D. Ill.; 2011 U.S. Dist. LEXIS 139231).
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Missouri Federal Judge Rejects Settlement Of Class Claims Over Insurance Co-Pays
KANSAS CITY, Mo. - A Missouri federal judge on Dec. 13 denied a motion for settlement in a class suit claiming that a health insurance company charged excessive co-pays to its customers after finding that although portions of the proposed settlement are fair, the settlement overall undervalues the class claims (Joy Holling-Fry v. Coventry Health Care of Kansas, Inc., No. 07-92, W.D. Mo.; 2011 U.S. Dist. LEXIS 142997).
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11th Circuit Rejects Inmate's Objection To Settlement Of Class Suit
ATLANTA - A Florida federal judge did not abuse his discretion in approving a settlement in a class complaint filed by people in the custody of Florida's department of Children and Families who claimed violations of their constitutional and federally protected rights, the 11th Circuit U.S. Court of Appeals ruled Dec. 1 (Roger G. Canupp, et al. v. Liberty Behavioral Healthcare Corp., et al., No. 10-10135, 11th Cir.; 2011 U.S. App. LEXIS 23999).
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Minnesota Settles Charges Of Abusing Mentally Disabled Patients For Nearly $3M
Case name: James and Lorie Jensen, as parents, guardians and next friends of Bradley J. Jensen, et al. v. Minnesota Department of Human Services, an agency of the State of Minnesota, et al.
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Judge Grants Preliminary Approval Of $145M Settlement In Securities Class Action
PHOENIX - A federal judge in Arizona on Nov. 29 preliminarily approved a $145 million settlement between shareholders and Apollo Group Inc. and certain of its executive officers to end the long-running securities class action lawsuit (In re Apollo Group, Inc. Securities Litigation, No. 04-2147, D. Ariz.).
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MDL Judge Suggests Remand Of Final 4 Cases With Class Status Unresolved
PORTLAND, Maine - The Maine federal judge supervising multidistrict litigation over "light" cigarettes manufactured by Philip Morris USA Inc. recommended remand of the four remaining consolidated cases on Dec. 12, denying the defendants a ruling on class certification in those cases (In re: Light Cigarettes Marketing and Sales Practices Litigation, MDL No. 2068, No. 1:09-md-2068, D. Maine; See 3/4/11, Page 10).
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Out-Of-State Employees' Competition Law Claims Can Proceed, 9th Circuit Says
SAN FRANCISCO - Out-of-state employees who worked in California may proceed with claims under California's labor code and unfair competition law (UCL) but not with claims seeking to apply those laws to work done outside the state, the Ninth Circuit U.S. Court of Appeals held Dec. 13 (Donald Sullivan, Deanna Evich, Richard Burkow v. Oracle Corp., Oracle University, No. 06-56649, 9th Cir.; See 3/5/09, Page 28).
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Federal Circuit Reinstates Class Suit Over Military Credit Card Fees
WASHINGTON, D.C. - The Federal Circuit U.S. Court of Appeals on Dec. 1 reinstated a California man's lawsuit seeking relief for himself and a class of similarly situated people regarding interest charges assessed by the government on military credit accounts (Taylor Russell, et al. v. United States, Nos. 2010-1498, 2011-1230, Fed. Cir.; 2011 U.S. App. LEXIS 23830).
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Class Suit Over Sony PlayStation Updates Dismissed By Federal Judge
SAN FRANCISCO - A California federal judge on Dec. 8 dismissed a class complaint filed against Sony Computer Entertainment America LLC accusing the company of releasing an update for its PlayStation 3 (PS3) consoles that would disable a desired feature or, if the update was declined, users would no longer be able to access the Sony PlayStation Network (PSN) (In Re Sony PS3 Other OS Litigation, No. 10-1811, N.D. Calif.; 2011 U.S. Dist. LEXIS 141295).
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5th Circuit Panel Overturns Defense Judgment, Orders Standard Review On Remand
NEW ORLEANS - A unanimous Fifth Circuit U.S. Court of Appeals panel entered a per curiam opinion on Nov. 22 overturning an order dismissing a putative evacuation damages class action for failing to state a claim and remanded the case to the U.S. District Court for the Southern District of Texas to consider the effect of an October Texas Supreme Court opinion on the dismissal order (Edward Hall, et al. v. El Dorado Chemical Co. Inc., No. 10-20871, 5th Cir.; 2011 U.S. App. LEXIS 23451).
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Under Silk Factors, Satellite Installers Are Contractors, Judge Rules
HUNTINGTON, W. Va. - Minimum wage and overtime claims of two satellite television installers fail because the workers are properly classified as independent contractors under the six-factor test of a landmark U.S. Supreme Court ruling, a West Virginia federal judge held Dec. 2 (Russell Scruggs, et al. v. Skylink Ltd., No. 10-0789, S.D. W.Va.; 2011 U.S. Dist. LEXIS 138759).
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Cell Phone Users Sue, Allege Phones Contain Keystroke Logging Software
WILMINGTON, Del. - Three wireless phone carriers, four cell phone distributors and a software company are facing a class complaint filed Dec. 2 in the U.S. District Court for the District of Delaware that alleges software designed to help wireless service providers identify and diagnose service problems also logs and transmits sensitive information from consumers' phones in violation of federal privacy laws (Jeffrey Pacilli, et al. v. Carrier IQ, Inc., et al., No. 11-1199, D. Del.).
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Firefighters Employed Overseas Sue U.S. Contractors For More Than $200M
WASHINGTON, D.C. - More than two dozen firefighters working for U.S. military contractors in Iraq and Afghanistan filed a class action complaint Dec. 6 in the U.S. District Court for the District of Columbia, seeking lost wages averaging $40,000 each after opting out of an earlier class action arbitration that grossed class members only $1,500 each (Adam Hill, et al. v. Wackenhut Services International, aka Wackenhut Services, Inc. aka Wackenhut Services, LLC, et al., No. 11-2158, D. D.C.).
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Request To File Amended Complaint Denied In Suit Over Costco Sales Pitch
DETROIT - A Michigan federal judge on Dec. 7 refused to allow a Costco Wholesale Corp. member to file a second amended complaint with additional plaintiffs and claims to revive his class allegations (Gerald L. Kunin v. Costco Wholesale Corporation, No. 10-11456, E.D. Mich.; 2011 U.S. Dist. LEXIS 140567).
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Neiman-Marcus Sued For Charging ATM Fees Without Notice
SHERMAN, Texas - A Texas woman has accused The Neiman-Marcus Group Inc. of violating the Electronic Fund Transfer Act (EFTA) by charging a $1.50 fee for ATM transactions without providing notice of the fee (Marilyn Frey, et al. v. The Neiman-Marcus Group, Inc., No. 11-802, E.D. Texas).
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