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Class Action
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February 19, 2010
Consumer Seeks Class Cert. In Kellogg's Krispies Spat
A Californian has asked a federal judge to certify two classes of purchasers in a case accusing Kellogg Co. of adding misleading statements to the packaging for its Rice Krispies products that suggest they boost children's immune systems.
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February 19, 2010
9th Circ. Affirms Toss Of Mitsubishi TV Warranty Action
A federal appeals court has ruled Mitsubishi Digital Electronics America Inc. did not breach its warranty in a consumer class action accusing the company of misrepresenting the picture quality of its TVs.
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February 19, 2010
Fraud Suit Against Walgreens Dismissed Again
A federal judge has dismissed for a second time a suit accusing Walgreen Co. of scheming to overcharge third-party payors by improperly filling prescriptions for two generic drugs.
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February 19, 2010
Conditional Cert. Denied In HSBC Finance FLSA Case
A federal judge has refused to conditionally certify a nationwide class of thousands in a suit alleging HSBC Finance Corp. account executives had to work off the clock and weren't paid a premium rate for overtime hours.
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February 19, 2010
Securities Class Action Against MGIC Thrown Out
A federal judge has thrown out a putative securities class action that accused mortgage insurer MGIC Investment Corp. and several executives of misleading the public about the company's health ahead of a mortgage meltdown-related stock crash that cost investors more than $500 million.
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February 19, 2010
2nd Class Cert. Bid In Nurse Antitrust Suit Denied
A federal judge has denied for the second time a group of nurses' certification bid on two critical issues in a class action that alleges hospitals in upstate New York conspired to keep salaries artificially low.
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February 19, 2010
Malcap Mortgage Latest Loan Firm Hit With FLSA Suit
Loan officers working for Malcap Mortgage LLC have filed a class action accusing the Tennessee-based loan, refinance and debt consolidation company of failure to pay wages and overtime and retaliation.
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February 18, 2010
Opponents Face Off Over Google Books Deal
After a nearly five-hour-long contentious hearing before a packed courtroom, the judge tasked with sifting through the antitrust, intellectual property and privacy concerns raised by a proposed settlement to let Google Inc. create a massive digital library refused to rule on the dispute Thursday, saying there was "just too much to digest."
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February 18, 2010
Delivery Co. Owner Can't Escape DHL Drivers' OT Suit
The owner of an Oklahoma-based delivery service that contracted with DHL Express (USA) Inc. has lost his bid to be dropped from a collective action accusing him, his company and DHL of violating the Fair Labor Standards Act by failing to pay drivers proper overtime wages.
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February 18, 2010
GSK Recalls Zinc Denture Cream Products Amid MDL
GlaxoSmithKline PLC has decided to voluntarily pull its zinc-containing lines of Poligrip denture cream from the market and stop all advertising and manufacture of the creams, as suits pile up in the multidistrict litigation over neurological problems from excessive zinc levels caused by denture products.
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February 18, 2010
4 Claims In Webkinz Antitrust MDL Booted
A judge has dismissed several claims in antitrust multidistrict litigation alleging that Ganz Inc., the supplier of the popular Webkinz toys, required retailers to buy unrelated gift items in order to obtain the plush animals.
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February 18, 2010
ReNu Lens Solution MDL Slashed By 100s Of Suits
A federal judge has dismissed nearly 350 lawsuits by plaintiffs who alleged Bausch & Lomb Inc.'s ReNu MoistureLoc contact lens solution caused them eye infections.
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February 17, 2010
Ex-Macy's Worker Seeks Class Status In Wage Case
A former Macy's Inc. employee is seeking to certify a class of up to 40,000 terminated workers in a suit alleging the retail giant failed to immediately pay all final wages at the time the workers were fired, in violation of California labor laws.
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February 17, 2010
2nd Circ. Revives Fee Suit For Citigroup Investors
A federal appeals court has revived a class action from investors accusing the Citigroup Inc. affiliates that managed their funds of pocketing fees, reversing a district court's dismissal of claims under the Securities Exchange Act.
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February 17, 2010
Lennox Fireplace Owners Win Class Cert. Bid
Two Lennox Hearth Products Inc. gas-burning fireplace owners have won class certification in their action accusing the manufacturer of failing to disclose the product's safety defects.
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February 17, 2010
Wal-Mart Sex Discrimination Case Heads To Trial
A federal judge has refused to dismiss a long-running case by the U.S. Equal Employment Opportunity Commission accusing Wal-Mart Stores Inc. of discriminating against female job candidates at one of its Kentucky distribution centers.
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February 17, 2010
ERISA, RICO Claims Out In Pittsburgh Hospital Pay Suit
Finding that the Employee Retirement Income Security Act claims in one of several collective actions over meal break pay practices at Pittsburgh-area hospitals could not be salvaged, a federal judge has dismissed those claims, though allegations under the Fair Labor Standards Act will proceed
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February 17, 2010
La. Appeals Court Affirms Cert. In Insurance Fee Case
A Louisiana appellate court has affirmed the certification of a breach of contract class action accusing Louisiana Citizens Property Insurance Corp. of failing to disclose an application fee to its insureds.
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February 17, 2010
$40M Marathon Coverage Suit Returns To Ohio Court
A federal judge has remanded a coverage dispute between Marathon Petroleum Co. LLC and its insurers to the Ohio state court where the company first filed suit seeking reimbursement of $40 million spent litigating a class action over contaminated gasoline.
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February 17, 2010
UPS Settles Drivers' FLSA Suit For $12.8M
A unit of United Parcel Service Inc. has agreed to fork out $12.8 million to settle a wage-and-hour class action launched by a group of the company's drivers.