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Class Action
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February 24, 2010
KRA Career Agents' FLSA Action Gets Collective Cert.
The lead plaintiffs in a suit accusing government consulting firm KRA Corp. of denying its career agents overtime pay in violation of state and federal wage laws have won conditional certification to proceed as a collective action.
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February 24, 2010
Class Action Over Microsoft XP Downgrades Nixed
Microsoft Corp. has persuaded a federal judge to toss a proposed antitrust class action alleging that the company unfairly requires customers who want to run the Windows XP operating system on their new computers to first purchase Windows Vista or Windows 7 and then “downgrade” to XP.
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February 24, 2010
Warner-Lambert Retirees Hit Pfizer Over Health Plan
A group of former Warner-Lambert Co. employees in Michigan has filed a proposed class action alleging that, after merging with their former employer, Pfizer Inc. canceled a retiree health insurance plan in violation of a 1998 collective bargaining agreement.
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February 24, 2010
Exec Liability Back In Play In Apollo Backdating Suit
A federal judge has conceded that he wrongly dismissed control person liability claims against the top brass at Apollo Group Inc., the company that runs the for-profit University of Phoenix, from a class action over alleged stock option backdating practices.
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February 23, 2010
Mont., Lilly Reach $9.5M Deal In Zyprexa MDL
Montana has become the latest state to reach a deal with Eli Lilly & Co. over its promotion and marketing of antipsychotic drug Zyprexa, with the drugmaker agreeing to pay $9.5 million into a state settlement fund.
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February 23, 2010
LA Seeks To Hose Down Rookie Firefighters' FLSA Suit
Los Angeles officials have moved to pare down 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, calling the case a "minor train wreck."
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February 23, 2010
Fort Dix Role-Players Seek Class Status In FLSA Suit
Fort Dix-based workers who helped train U.S. Army National Guard members at the military base have asked a federal judge to certify a collective wage-and-hour suit that alleges they were shortchanged on overtime pay.
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February 23, 2010
KV Pharma Shareholder Suit Over Recalls Nixed
A federal judge has dismissed a consolidated securities lawsuit accusing KV Pharmaceutical Co. of making misstatements and omissions amid widespread drug recalls, saying the plaintiffs failed to plead their case with enough particularity for the suit to go forward.
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February 23, 2010
Equity Holders Class Certified In AIG Fraud Suit
A federal judge will allow a group of pension funds in a massive securities fraud lawsuit over alleged false statements regarding American International Group Inc.'s financials to certify a class of equity stockholders, but has declined to include bondholders in that group.
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February 23, 2010
Claims Pared In Ambac Shareholder Class Action
A federal judge has trimmed some claims in a shareholder class action alleging that bond insurer Ambac Financial Group Inc. assured investors that the company was maintaining a cautious strategy while it was in fact insuring increasingly risky financial products.
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February 22, 2010
Securities Class Action Against Fortis Booted
A federal judge has thrown out a securities class action against Fortis that accused the international banking and insurance company of misleading investors about its exposure to subprime mortgage-backed securities and its precarious financial state in the lead-up to its planned acquisition of the Dutch commercial banking entity ABN Amro Holding NV.
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February 22, 2010
ABM Janitors Win Collective Certification In FLSA Case
A judge has granted collective certification to a class of up to 2,500 janitors in a suit accusing cleaning services provider ABM Industries Inc. of violating federal wage-and-hour laws by scrimping on overtime pay.
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February 22, 2010
Digitek Defendants Seek to Block Class Cert.
Pharmaceutical company defendants in multidistrict product liability litigation over the recalled heart medication Digitek are asking a federal court to nix the plaintiffs' bid for class certification, saying the named plaintiffs' claims are hardly typical of all members of the proposed class.
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February 22, 2010
Plaintiffs' Tactics Expose CAFA's Gray Areas
In the five years since the enactment of the Class Action Fairness Act, the plaintiffs bar has devised new ways to keep class actions in state court, exposing gray areas in the law and keeping defense counsel on their toes.
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February 22, 2010
Maxim Group Settles FLSA Spat With Brokers
Maxim Group LLC has agreed to pay $910,000 to settle a wage-and-hour suit brought by brokers at the investment banking firm who claimed they were not paid for all hours worked and were not properly compensated for overtime hours.
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February 22, 2010
Merrill Lynch, Employees Get OK For OT Settlement
A federal court has signed off on Merrill Lynch & Co. Inc.’s $525,000 settlement with a class of loan officers and other employees who alleged they regularly worked overtime without receiving proper compensation.
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February 22, 2010
Plaintiffs Fight Privilege Claim In Neurontin Case
Direct purchaser plaintiffs accusing Pfizer Inc. and a subsidiary of blocking generic competition for the epilepsy drug Neurontin by filing baseless patent litigation want a federal judge to look for evidence of crime or fraud in documents allegedly covered by attorney-client privilege.
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February 22, 2010
Supreme Court Won't Hear PIMCO Class Cert. Challenge
The U.S. Supreme Court has declined to weigh in on a class certification order affirmed by a federal appeals court in a suit accusing Pacific Investment Management Co. LLC of monopolizing a futures market.
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February 19, 2010
Syntax Shareholders To Get $10M In Fraud Action
A federal judge has given final approval to a $10 million settlement in a securities fraud class action accusing officials at bankrupt Syntax-Brillian Corp. of concealing problems at the once-successful television maker.
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February 19, 2010
Prudential Coverage Denials Breached ERISA: Suit
Prudential Insurance Company of America policyholders have lodged a putative Employee Retirement Income Security Act class action against the insurer for allegedly subjecting them to an unfair long-term disability benefits claims denial process.