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Class Action
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April 7, 2010
8th Circ. Tosses American Express Franchisee Spat
A federal appeals court has dismissed a class action that accused Ameriprise Financial Services Inc. of breaching its contracts with franchisees by no longer allowing them to use the trademarks of American Express Co. after that company spun off Ameriprise in 2005.
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April 7, 2010
Wells Fargo ERISA Suit Scores Class Certification
A federal judge has certified a class of retirement plan participants in a suit accusing Wells Fargo & Co. of mismanaging the plan, although he did dismiss one count from the plaintiffs' amended complaint.
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April 7, 2010
Photographers Take Aim At Google Over Digital Library
Photographers associations cut out of a $125 million copyright settlement over Google Inc.'s digital library have launched a putative class action against the search giant to redress what they call the most widespread uncompensated infringement of images in the history of book and periodical publishing.
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April 7, 2010
Plaintiffs Seek Class Status In Nvidia GPU Suit
The lead plaintiffs in a consolidated class action accusing Nvidia Corp. of making defective graphic processing units that caused their computers to malfunction have moved for class certification on behalf of anyone who has purchased “class computers” since September 2004.
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April 7, 2010
Sears Prevails In Kmart Real Estate Securities Suit
A federal appeals court has let Sears Holding Corp. off the hook for claims that it and two executives drove down the stock prices of its acquisition of Kmart Holding Corp. by concealing the true value of the company’s real estate assets.
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April 6, 2010
Concrete Co. Settles Price-Fixing Case For $5.5M
The remaining defendant in a concrete price-fixing class action in Indiana has agreed to pay $5.5 million to plaintiffs, in one of the few antitrust cases in history where class members are expected to receive 100 percent of what they were allegedly overcharged.
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April 6, 2010
Plaintiffs Pared In Denver Police Race, Sex Bias Suit
Denver municipal authorities have won the dismissal of four of 16 plaintiffs in a putative class action alleging the city's police department systematically discriminated against some officers because of their race and gender.
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April 6, 2010
Residential, Underwriters Still Face MBS Class Claims
Narrowing a putative class action over $37 billion in Residential Capital LLC mortgage-backed securities offerings, a federal judge has limited the suit to four of the 59 offerings at issue and upheld core allegations that Residential and underwriters, including Goldman Sachs & Co. and RBS Securities Inc., misled investors about the risks of the investments.
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April 6, 2010
Ex-Loan Officers Slam Money Source With OT Claims
The Money Source Inc. has been hit with a putative class action by six former loan officers who claim that the mortgage lender improperly qualified them as exempt from overtime and minimum wage requirements, violating the Fair Labor Standards Act and New York state labor laws.
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April 6, 2010
Aramark To Settle Wage-And-Hour Suit For $3.9M
Food service company Aramark Corp. has agreed to fork out $3.9 million to settle a wage-and-hour class action brought by its California employees.
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April 6, 2010
Boar's Head Slices State Law Claims In Don, Doff Suit
A federal judge has stripped state law class action claims from a lawsuit that alleges employees at a Boar's Head Provisions Co. meat plant in Michigan were not paid for donning and doffing protective gear.
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April 6, 2010
Boehringer Ingelheim Hit With Don, Doff Suit
Workers at Iowa animal drug production facilities are accusing Boehringer Ingelheim Vetmedica Inc. of not paying workers for time spent donning protective gear prior to their shifts and lunch breaks and for taking the gear off at the end of their shifts.
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April 6, 2010
Gas Cos. Ask 10th Circ. To Shield Docs In Hot Fuel MDL
Twelve defendants in the multidistrict litigation alleging a hot fuel conspiracy, along with six gasoline industry trade groups, have appealed an order to fork over internal lobbying records, arguing that the First Amendment shields their political communications.
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April 5, 2010
NeoPharm Investors' Class Action Trimmed
A federal judge has narrowed the allegations in an investor class action against biopharmacuetical company NeoPharm Inc. over allegedly false and misleading statements about the cancer drug liposome-encapsulated paclitaxel.
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April 5, 2010
Jury Issues Damages In 1st Bouchard Oil Spill Trial
A 13-member jury has awarded more than $135,000 in damages to the first wave of plaintiffs in a class action against Bouchard Transportation Co. Inc. over a 2003 oil spill that damaged 90 miles of shoreline property in and around Massachusetts’ Buzzards Bay.
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April 5, 2010
Moody's, Others Cleared In Merrill Lynch MBS Suit
A federal judge has dismissed McGraw-Hill Cos., Moody's Investors Service Inc., Merrill Lynch Mortgage Lending Inc. and others from a consolidated class action over the sale of purportedly flawed mortgage pass-through certificates, finding that the plaintiffs never purchased the securities from those companies.
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April 5, 2010
RBC Brokers Win Conditional Cert. On FLSA Claims
RBC Capital Markets Corp. securities brokers have won conditional certification on their claims that the bank violated the minimum wage and overtime provisions of the Fair Labor Standards Act, but they lost their bid for certification of state wage-and-hour subclasses and a subclass under the Employee Retirement Income Security Act.
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April 5, 2010
Rite Aid Loses Summary Judgment Bid In OT Suit
A federal judge has denied Rite Aid Corp.'s motion for summary judgment in a proposed overtime class action by a former store manager, saying a more fully developed factual record is needed to resolve the issues presented in the case.
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April 5, 2010
LA Loses Bid To Put Out Firefighter Trainees' FLSA Suit
A federal judge has rejected most of Los Angeles' efforts to limit a collective action accusing the city's fire department of violating federal wage-and-hour laws by failing to pay probationary firefighters for work done off the clock, ruling that too many factual disputes remained in the case.
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April 5, 2010
Chinese Education Co. Didn't Mislead Investors: Judge
A federal judge has thrown out a class action that alleged Chinese educational firm Noah Education Holdings Ltd. made false statements in its regulatory filings in connection with a $137 million initial public offering in 2007.