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Class Action
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June 9, 2010
Merck, Upsher-Smith Appeal Class Cert. In K-Dur Suit
Merck & Co. Inc. and Upsher-Smith Laboratories Inc. have appealed the class certification of a group of direct purchasers who accused the drug companies of entering an anti-competitive pact to keep generic versions of potassium supplement K-Dur 20 off the market.
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June 9, 2010
7 Toyota Shareholder Suits Consolidated In Calif.
A federal judge has consolidated seven shareholder suits against Toyota Motor Corp. but refused to tap the lead plaintiff and counsel until the U.S. Supreme Court decides whether foreign plaintiffs can sue non-U.S. companies in U.S. courts.
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June 9, 2010
RJ Reynolds Settles FLSA Class Actions
R.J. Reynolds Tobacco Co. has settled three consolidated Fair Labor Standards Act class actions filed by retail representatives accusing the cigarette maker of shorting them on pay for time spent driving.
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June 9, 2010
Suit Says Sears Misclassified Managers In Calif.
The parent company of Sears and Kmart has been hit with a putative class action by assistant managers of its retail stores throughout California, who claim the company misclassified them as exempt from California's wage-and-hour laws.
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June 8, 2010
Settlement Halts Trial In Mentor ObTape MDL
A settlement has been struck that resolves the majority of cases in the multidistrict products liability litigation against Johnson & Johnson unit Mentor Corp. over its ObTape transobturator sling, bringing to a halt a trial in three consolidated suits.
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June 8, 2010
3rd Circ. Tosses Pa. Beryllium Exposure Class Actions
A federal appeals court has affirmed the dismissal of two putative class actions that sought medical monitoring for workers and nearby residents of factories in Pennsylvania that used beryllium, exposure to which can lead to a potentially fatal disease.
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June 8, 2010
Office Depot Says AISLIC Must Pay Fraud Settlement
Office Depot Inc. has struck back at American International Specialty Lines Insurance Co.'s suit seeking to avoid covering the costs of a class action settlement regarding the retailer's marketing and selling of an allegedly fraudulent warranty plan, saying AISLIC is in breach of contract if it fails to pay for the costs.
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June 8, 2010
Ex-Drivers Slap Delivery Co. With FLSA Suit
Three former drivers for Hazen Transport Inc. have launched a putative class action against the Michigan-based delivery company, seeking unpaid overtime and wages for their work delivering Office Depot Inc. products.
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June 8, 2010
Fired Nurse Targets Mich. Medical Center In OT Suit
A Detroit Medical Center nurse fired in February after records showed she left her shifts early has filed a putative class action against the hospital operator, accusing it of denying overtime wages in violation of the Fair Labor Standards Act.
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June 8, 2010
Cert. Denied, For Now, In Archway WARN Act Case
A federal judge has temporarily nixed a request for class certification in a suit accusing the parent companies of once-bankrupt Archway & Mother's Cookies Inc. of failing to fairly warn workers they would lose their jobs, saying it was unclear whether some employees worked at facilities large enough to be subject to the Worker Adjustment and Retraining Notification Act.
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June 7, 2010
AT&T Wins Bid To Ax ERISA Age Bias Suit
A federal judge tossed a long-running suit over an AT&T Inc. pension benefits plan Monday despite claims from a class of nearly 24,000 current and former employees that the telecommunications giant violated employee benefits and age discrimination laws.
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June 7, 2010
3rd Circ. Nixes Class' Appeal Of Fen-Phen Atty Fees
A federal appeals court has rejected an appeal by 36 class members over the $434 million in attorneys' fees awarded in litigation against Wyeth over the diet drug fen-phen, concluding their objection came too late.
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June 7, 2010
Hyundai Plaintiffs Ask Court To OK Clutch Defect Deal
Plaintiffs have asked a federal court to give its final approval to an agreement that would settle a class action against Hyundai Motor America Inc. over allegedly defective clutches on its 2003 Tiburons.
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June 7, 2010
Smith Barney Loses Discovery Battle In Sex Bias Suit
Citigroup Global Markets Inc. unit Smith Barney LLC must hand over employee information to a former financial adviser who sued the company alleging it discriminated against her based on her gender, a federal judge has ruled.
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June 7, 2010
CMS Unit Back On Hook In Gas Price-Fixing Case
CMS Energy Resources Management Co. has been reinstated as a defendant in a suit claiming that a price manipulation conspiracy drove up the cost of natural gas in Wisconsin.
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June 7, 2010
Navistar Sues Retirees Over $1B Benefit Settlement
Navistar International Corp. has sued a former class of unions and retirees, alleging that the class is not abiding by a settlement that limits the company's retiree health benefit obligations to $1 billion.
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June 7, 2010
Alliant Shortchanged Pension Plan Participants: Judge
An Alliant Energy Corp. pension plan violated the Employee Retirement Income Security Act by shortchanging two classes of employee plaintiffs who chose to take lump-sum payouts before retiring, a federal court has ruled.
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June 7, 2010
Judge OKs $7M Settlement In Fannie Mae ERISA Case
A judge has preliminarily approved a $7.25 million settlement of litigation alleging Fannie Mae's retirement plan violated the Employee Retirement Income Security Act by investing in company stock.
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June 7, 2010
New Class Pushes Gas Royalty Claims Against XTO
Natural gas royalty owners have relaunched their breach of contract lawsuit against XTO Energy Inc. — this time with new plaintiffs and new counsel — after a previous class was decertified.
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June 7, 2010
BofA Hit With Consolidated OT Suit
Bank of America NA has been hit with a consolidated complaint accusing it of failing to pay employees at its retail branches and call centers for off-the-clock overtime work in violation of the Fair Labor Standards Act and state laws.