| Class Action Law |
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Gina Ontiveros v. DHL Express<
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Defendant DHL Express (USA), Inc. (defendant or DHL) appeals the trial court’s
order denying its motion to compel arbitration after plaintiff Gina Ontiveros (plaintiff)
filed a lawsuit against defendant DHL and four other defendants,1 raising various claims
related to sex discrimination, harassment, and retaliation arising from her employment
w... More... $0 (6/30/2008 - CA )
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John D. Sheridan, et al. v. Ma
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The plaintiffs, a Marathon dealer
in Indiana and a company owned by him to whom he
assigned his dealership contract, filed suit against Marathon
under section 1 of the Sherman Act, 15 U.S.C. § 1,
charging it with tying the processing of credit card sales
to the Marathon franchise and also with conspiring with
banks to fix the price of the pro... More... $0 (6/23/2008 - IN )
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Pedro Medina v. Safe-Guard Pro
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Pedro Medina brought this Unfair Competition Law or “UCL” (Bus. &
Prof. Code §§ 17200 et seq.) action based on the fact he had purchased a vehicle service
contract, which is really an insurance contract, from a company not licensed to sell
insurance in California. (See Ins. Code, § 700 [requiring licenses of insurers].) On a
demurrer to the sec... More... $0 (6/21/2008 - CA )
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General Motors Corporaton, etc
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Appellant General Motors Corporation d/b/a Chevrolet, GMC, Cadillac, Buick, and
Oldsmobile appeals interlocutorily from the circuit court’s order granting class certification
to appellee Boyd Bryant, on behalf of himself and all other similarly situated persons. General
Motors asserts four points on appeal: (1) that extensive legal variations in... More... $0 (6/20/2008 - AR )
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Keith Clements v. DaimlerChrys
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Keith Clemens1 brought this class action against Daimler-
Chrysler Corporation alleging that DaimlerChrysler breached
express and implied warranties and committed fraud in the
sale of Dodge Neon cars containing defective head gaskets
from 1995 to 1998. The district court granted DaimlerChrysler’s
Rule 12(b)(6) motion to dismiss the warranty cl... More... $0 (6/20/2008 - CA )
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Clayton Poehl v. Countrywide H
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In these consolidated appeals, arising under the Fair Credit Reporting Act
(FCRA), 15 U.S.C. § 1681 et. seq., Clayton R. Poehl and Diane C. Ludditt-Poehl
appeal from adverse judgments on the pleadings granted by two district court judges
in favor of Countrywide Home Loans, Inc.1 and Capital One Auto Finance, Inc.2
Appellants Poehl and Lu... More... $0 (6/20/2008 - MO )
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Jill Farwell, et al. v. Sunset
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The four appellants in this case brought an action against respondent Sunset Mesa
Property Owners Association, Inc. (Association), and a number of homeowners in the
Sunset Mesa development. The trial court sustained a demurrer to the fourth amended
complaint with leave to amend, finding that the individual directors of the Association
could not... More... $0 (6/19/2008 - CA )
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Peggy Green, et al. v. Fred We
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Fred Weber, Inc. ("Weber") owns and operates a quarry in O'Fallon where blasting is among the operations. Peggy Green and other named plaintiffs reside near Weber's quarry. They filed a petition alleging that the manner in which Weber conducts blasting operations is unreasonable and constitutes a private nuisance. They have sued on behalf of thems... More... $0 (6/19/2008 - MO )
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Mary Ann Arnold v. Bank of Ame
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This case is one of the “at least five class actions in various jurisdictions
seeking redress for the same alleged injuries” as claimed by the plaintiffs in Siepel v.
Bank of America, N.A., Nos. 07-1899/07-1906, 2008 U.S. App. LEXIS 10667, at *6
(8th Cir. May 19, 2008). Finding the case “nearly identical” to Siepel, which it had
earlier dismiss... More... $0 (6/18/2008 - MO )
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Claude L. Bassett v. The Natio
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Appellant Claude L. Bassett (Bassett) was an assistant football
coach for the University of Kentucky (UK) from 1997-2000 when he resigned due to allegations
of The National Collegiate Athletics Association (NCAA) rules infractions. Bassett filed suit
against NCAA, the Southeastern Conference (SEC) and the University of Kentucky Athletic
Associa... More... $0 (6/13/2008 - KY )
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Harmont T. Sharp III, et al. v
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The Writers Guild of America (the Guild) had reason to believe that reality
television production companies and television networks violated wage and labor laws.
The Guild held meetings during which employees of reality television discussed the
purported violations. Some who participated in the meetings, along with other reality
television empl... More... $0 (5/30/2008 - CA )
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Advance America Servicing of A
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Advance America Servicing of Arkansas, Inc. (Advance America) and
associated entities1 brought this action against Brenda McGinnis seeking to compel
arbitration of their dispute over a series of loan agreements. McGinnis moved to
dismiss for lack of subject matter jurisdiction. The district court2 granted the motion
after determining that the a... More... $0 (5/23/2008 - AR )
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George Siepel v. Bank of Ameri
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Several beneficiaries of trust accounts maintained by Bank of America, N.A.,
filed a class action complaint against the Bank, its holding corporation, and affiliated
investment companies. In addition to alleging claims under federal securities laws,
the Plaintiffs alleged state-law claims that the Defendants were unjustly enriched and
breached ... More... $0 (5/19/2008 - MO )
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Technical Packaging, Inc. v. R
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Technical Packaging, Inc. ("Technical Packaging" or "Technical"), sued its
former attorney Richard Hanchett and Hanchett's firm, Trenam, Kemker, Scharf, Barkin,
Frye, O'Neill & Mullis, P.A. ("Trenam"; collectively, "Hanchett/Trenam"), for legal
malpractice. The trial court granted Hanchett/Trenam's motion for summary judgment,
ruling that Hanch... More... $0 (5/9/2008 - FL )
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Ricky D. Compton v. Country Mu
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The plaintiff, Ricky Compton, filed an action against the
defendant, Country Mutual Insurance Company (Country Mutual), for
declaratory judgment, breach of contract and consumer fraud on
behalf of himself and similarly situated individuals. In his
complaint, the plaintiff maintained that Country Mutual's
practice of placing liens on insurance ... More... $0 (5/8/2008 - IL )
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James Kiser, et al. v. J. Pete
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The appeal in this class action springs from the
award of attorney fees and costs in the settlement liquidating a commercial real
estate investment limited partnership. The general partner and its general partners
and affiliated entities appeal from the order approving the class action settlement
and awarding attorney fees and costs, specifical... More... $520,000 (5/7/2008 - WI )
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Simpson Strong-Tie Company, In
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An attorney published a newspaper advertisement stating that users of certain
brand name galvanized screws under specified circumstances “may” have legal rights to
compensation or other relief. The manufacturer of one of the named brands brought this
action for defamation, trade libel, false advertising, and unfair business practices. We are
ca... More... $0 (5/4/2008 - CA )
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Jill B. Savedoff v. Access Gro
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In this diversity class action, brought pursuant to the Class Action
Fairness Act, 28 U.S.C. § 1332(d) (2006), Defendant Access Group, Inc. (“Access Group”) appeals
the district court’s denial of Access Group’s motion for summary judgment and its grant of Plaintiff
Jill B. Savedoff’s (“Savedoff”) motion for partial summary judgment on the issue ... More... $0 (5/3/2008 - OH )
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Vida F. Negrete, et al. v. All
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Vida F. Negrete filed this class action lawsuit against Allianz
Life Insurance Company of North America. Allianz
appeals a district court order that effectively prevents it from
proceeding with any settlement negotiations on similar class
action claims raised in any federal or state court without first
obtaining permission from Negrete’s Co-Le... More... $0 (4/30/2008 - CA )
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Raymond Royer v. Reliant Energ
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Brad Kirschbaum (“Kirschbaum”), an employee of Reliant Energy, Inc.
(“REI”) and a participant in the Reliant Energy Savings Plan (“Plan”), brought
this ERISA class action against REI and the REI Benefits Committee
(collectively, “REI defendants”) representing current and former plan
participants on whose behalf the Plan purchased or held share... More... $0 (4/26/2008 - TX )
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Rita Comacho, et al. v. Bridge
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Rita Camacho (Camacho) appeals the district court’s order
awarding her $77,069.36 in merits fees, costs, and fees-onfees.
The district court determined Camacho’s award by multiplying
the number of hours worked by each of her three
attorneys by an hourly rate of $200, by compensating Camacho
for costs, and by awarding Camacho a “flat award” of
... More... $0 (4/25/2008 - CA )
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Frank Chavez v. Netflix, Inc.<
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Frank Chavez sued Netflix, Inc. (Netflix) over its practice of advertising that it
would send customers “ ‘unlimited’ ” DVD rentals with “1 Day Delivery” for a flat
monthly fee. Alleging that both selling points were false, Chavez sought injunctive relief
and damages on behalf of himself and a class of current and former Netflix subscribers.
Be... More... $2,040,000 (4/24/2008 - CA )
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This case arises from the Third District Court of Appeal’s reversal of a final
judgment entered in a smokers’ class action lawsuit that sought damages against
cigarette companies and industry organizations for alleged smoking-related
injuries. See Liggett Group, Inc. v. Engle, 853 So. 2d 434 (Fla. 3d DCA 2003)
(hereinafter “Engle II”). The f... More... $600,000,000 (4/23/2008 - FL )
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Nilda Gutierrez, et al. v. Joh
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Petitioners are former employees of Johnson &
Johnson. They allege that Johnson & Johnson discriminated
against them on the basis of their race. Petitioners attempted
to certify a class of plaintiffs that encompassed any African-
American or Hispanic employee of Johnson & Johnson or any
of its United States subsidiaries who was employed at any... More... $0 (4/22/2008 - NJ )
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Rosia L. Scott v. Eastman Chem
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Judge: Plaintiff-Appellant Rosia L. Scott (“Scott” or “Plaintiff”)
appeals the order of the district court granting Defendant-Appellee Eastman Chemical Company’s
(“Eastman” or “Defendant”) Motion for Summary Judgment on her employment discrimination
claims. Scott alleges: (1) that she was denied promotions based on sex and in retaliation for
en... More... $0 (4/22/2008 - TN )
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Francis Marcoux, et al. v. She
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Defendants-appellants Shell Oil Company, Shell Oil Products Company (collectively, "Shell"), and Motiva Enterprises appeal jury verdicts against them on several claims relating to their treatment of plaintiffs-appellees (the "Dealers"), franchisees and operators of Shell-branded service stations. Shell and Motiva (together, "the defendants") challe... More... $0 (4/22/2008 - MA )
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Mississippi Public Employees'<
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This securities case was brought against Boston Scientific, a publicly traded manufacturer of medical devices based in Natick, Massachusetts. The appeal concerns dismissal of claims based on the company's launch of a new product, the drug-eluting TAXUS coronary stent, and its eventual recalls. Plaintiff, a Mississippi pension fund and purchaser of ... More... $0 (4/22/2008 - MA )
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hardin, et al. v. NBC Universa
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Under the authority of 1983 Ga. Constitution, Art. VI, Sec. VI, Para. IV
and OCGA § 15-2-9, the United States District Court for the Northern District
of Georgia has certified two questions of Georgia law in a putative class action
lawsuit pending in that court.
As stated in the district court’s certification order, plaintiffs are Georgi... More... $0 (4/21/2008 - GA )
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Patrick Van Zanen v. Qwest Wir
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Plaintiffs Patrick and Vicki Van Zanen appeal the dismissal of their claim
for unjust enrichment against Qwest Wireless, LLC; Qwest Services Corporation;
and Qwest Communications International, Inc. (collectively, Qwest). The Van
Zanens, who are Arizona residents, allege that Qwest has acted as an unlicensed
seller of insurance in violation of ... More... $0 (4/18/2008 - CO )
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Thomas Springman v. AIG Market
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The plaintiff filed this class action
suit in an Illinois state court in July 2003 against AIG Claim Services
(AIGC), a company that processes insurance claims, as
well as against Illinois National Insurance Company, which issues
insurance policies; the policies give rise to claims for payment. The complaint charged the defendants with having v... More... $0 (4/15/2008 - IL )
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BASF AG v. Great American Assu
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This insurance-coverage action
represents the third case in a series of lawsuits
stemming from the marketing of Synthroid, a synthetic
thyroid drug. See In re Synthroid Mktg. Litig., 264 F.3d 712
(7th Cir. 2001); Knoll Pharm. Co. v. Auto. Ins. Co., 152 F.
Supp. 2d 1026 (N.D. Ill. 2001). The first case—a multidistrict
litigation—consolidated n... More... $0 (4/14/2008 - IL )
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State of Louisiana, etc., et a
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The Attorney General of Louisiana filed a class action, naming the State
and numerous Louisiana citizens as Plaintiffs. The class action alleged that the
Defendant insurance companies failed to pay covered insurance claims following
Hurricanes Katrina and Rita and as a result breached the insurance contracts
to which the State is a partial assi... More... $0 (4/11/2008 - LA )
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Barbara Jean Phillips v. E.I.D
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The origins of this case trace back more than sixty years to
the height of World War II when the federal government
solicited Appellants E.I. DuPont de Nemours & Co., General
Electric, Inc., UNC Nuclear Industries, Inc., Atlantic Richfield
Co., and Rockwell International Corp., (collectively
“Defendants”) to operate the Hanford Nuclear Weapons... More... $0 (4/9/2008 - WA )
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Lester Grovatt, et al. v. St.<
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This products liability litigation is before us for a second time. The present
appeal concerns the district court’s certification of a class of plaintiffs, pursuant to
Federal Rule of Civil Procedure 23(b)(3), to litigate claims against St. Jude Medical,
Inc. (“St. Jude”), arising from alleged violations of two Minnesota consumer
protection sta... More... $0 (4/9/2008 - MN )
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Peter P. Jonites, et al. v. Ex
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This appeal requires us to analyze
the relation between section 301(a) of the Labor Management
Relations Act (Taft-Hartley), 29 U.S.C. § 185, which
authorizes federal suits to enforce collective bargaining
agreements, and the Fair Labor Standards Act, 29 U.S.C.
§§ 201 et seq., the federal minimum-wage and maximumhour
law. The plaintiffs repre... More... $0 (4/3/2008 - IL )
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New England Health Care Employ
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Defendants-Appellants Joseph P. Nacchio and Robert S. Woodruff, the
former Chief Executive Officer and Chief Financial Officer of Qwest
Communications International, Inc. (“Qwest”), respectively, appeal the district
court’s approval of a class action settlement in a securities fraud case. The
settlement was negotiated between the Plaintiff-Appe... More... $0 (4/3/2008 - CO )
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Louis A. Perretta, Jr. v. Prom
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This action for breach of fiduciary duty requires us to
decide what vote of the limited partners of a California limited
partnership is necessary to ratify a self-interested transaction
proposed by the partnership’s general partner. We hold
that only the partnership agreement may vary the unanimous
ratification requirement of California law, a... More... $0 (3/29/2008 - CA )
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The Cornelia I. Crowell GST Tr
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Appellant Cornelia I. Crowell GST Trust (“Crowell Trust”) appeals the district
court’s2 dismissal of its class action against Possis Medical, Inc., Robert G. Dutcher,
and Eapen Chacko (collectively “Possis Medical”) for alleged securities fraud.
Crowell Trust argues that the district court erred in determining that its pleading failed
to meet t... More... $0 (3/28/2008 - MN )
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Costco Wholesale Corp0oration<
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In the underlying lawsuit in this matter, real parties in interest (hereinafter
collectively referred to as plaintiffs)1 allege that prior to September 2001, defendant and
petitioner Costco Wholesale Corporation (Costco) misclassified certain managers as
exempt employees. Plaintiffs assert they have a right to inspect a letter that has been
red... More... $0 (3/27/2008 - CA )
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Chou v. Starbucks
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Plaintiffs sued Starbucks Corporation on a class action wage and hour theory claiming that Defendant wrongfully violated California law when it took employees' tips and gave them to store managers. One hundred Starbucks' baristas working at 1,400 stores did not receive all of the tips given to them by store patrons. ... More... $105,000,000 (3/23/2008 - CA )
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Canyon County v. Syngenta Seed
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This case involves an Idaho county’s attempt to recover
damages under the Racketeer Influenced and Corrupt Organizations
Act (“RICO”), 18 U.S.C. §§ 1961-1968, for additional
monies it claims to have expended on public health care and
law enforcement services for undocumented immigrants.
Plaintiff-appellant Canyon County commenced this action
... More... $0 (3/21/2008 - ID )
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Charlotte Bess v. Directv, Inc
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The defendant, DirecTV, Inc. (DirecTV), appeals from an order of the circuit court
of St. Clair County denying its motion to stay proceedings and to compel arbitration.
DirecTV argues that the circuit court erred in finding that the arbitration agreement was
procedurally and substantively unconscionable and, therefore, unenforceable. Initially, ... More... $0 (3/19/2008 - IL )
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Anthony Sullivan v. Creenwood<
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This putative class action challenges the legality, under the Fair Credit Reporting Act ("FCRA" or "the Act"), 15 U.S.C. § 1681 et seq., of an unsolicited letter to a consumer about the offering of credit for a home loan. Defendant Greenwood Credit Union sent the letter to plaintiff, Anthony Sullivan, and others based on a list of individuals meeti... More... $0 (3/19/2008 - MA )
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Benjamin J. Fogel, et al. v. F
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The issue presented in this appeal is whether the attorneys-in-fact for
subscribers of reciprocal insurance exchanges may be sued by the subscribers to
recover alleged excessive fees the attorneys-in-fact collected in breach of their
fiduciary duty to the subscribers. The fees were collected from premiums the
subscribers paid to the exchanges. ... More... $0 (3/18/2008 - CA )
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Ron Isner, et al. v. Falkenber
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Plaintiffs and appellants Ron and Sharon Isner (collectively, the Isners) appeal
from the summary judgment entered against them and in favor of defendant and
respondent Falkenberg/Gilliam & Associates, Inc. (Falkenberg), on the Isners’ action for
unpaid wages.1 Finding no triable issues of fact and that the trial court’s legal analysis
was corr... More... $0 (3/18/2008 - CA )
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Cynthia Carpenter, et al., Res
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Countrywide Home Loans, a mortgage company, prepares legal documents to complete mortgage loan transactions and charges its customers a document preparation fee for this service. Because of this activity, Countrywide was a named defendant in a class action lawsuit against several mortgage lending institutions alleging that these companies were prac... More... $0 (3/18/2008 - MO )
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M.H. Fox, et al. v. Tyson Food
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The main issue in this appeal is whether a district court must allow litigants
to intervene in an action based only on a speculative concern about the stare
decisis effect of a decision in that action. Petitioners, 161 employees or former
employees of the Tyson Foods, Inc., plant in Blountsville, Alabama, appeal the
denial of their motion to in... More... $0 (3/14/2008 - AL )
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John Lussier, et al. v. Dollar
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John Lussier and Mary Hawks, putative class representatives
in litigation against Dollar Tree Stores, Inc., appeal the
district court’s denial of their request for attorney’s fees following
their successful motion to remand the underlying
action after it had been removed by Dollar Tree pursuant to
the recently enacted Class Action Fairness Act... More... $0 (3/10/2008 - OR )
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Terry D. Buller v. Sutter Heal
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In this action brought under California’s Unfair Competition Law (UCL) (Bus. &
Prof. Code, § 17200 et seq.), appellant Terry D. Buller appeals from the judgment of
dismissal entered after the trial court sustained without leave to amend the demurrer of
respondents Sutter Health and Alta Bates Summit Medical Center on the ground that the
complai... More... $0 (3/5/2008 - CA )
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Gregory Wilhelm v. Credico
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Gregory Wilhelm’s credit card debt was assigned for collection to Pinnacle
Credit Services, LLC (“Pinnacle”), and then to Credico, Inc. (“Credico”). Credico
sent Wilhelm a “Notice of Lawsuit” letter threatening to sue unless Wilhelm paid
$8,808.20, an amount that included a charge of interest on past due interest, which
violates North Dakota la... More... $0 (3/3/2008 - ND )
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Michael J. Harrington v. Payro
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This was a dispute about $44.63 in unpaid overtime, which was settled for
$10,500, after which the plaintiff asked the trial court for about $46,000 for his
attorneys’ fees. The trial court denied the motion outright, and the plaintiff now
appeals on the ground that he has a statutory right to recover his reasonable
fees. We agree, reverse the ... More... $44 (2/29/2008 - CA )
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Julie Puentest, et al. v. Well
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Plaintiffs Julie and Kenneth Puentes1 appeal a summary judgment for defendant
Wells Fargo Home Mortgage, Inc. (Wells Fargo), entered after the trial court determined
that as a matter of law they cannot maintain their claim under California's unfair
competition law (UCL) (Bus. & Prof. Code, § 17200 et seq.).2 As the predicate act for
their UCL c... More... $0 (2/29/2008 - CA )
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Sylvester McClain v. Lufkin In
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In this complex Title VII class action against Lufkin Industries, Inc.
(“Lufkin”), African-American plaintiffs allege that Lufkin’s practice of delegating
subjective decision-making authority to its managers with respect to initial
assignments and promotions disparately affected them. After a bench trial, the
district court issued a judgment in... More... $0 (2/29/2008 - TX )
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Chinyere Jenkins v. State Defe
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This appeal arises out of the court-supervised desegregation of the Kansas City,
Missouri, School District ("the District" or "the KCMSD"), which began with the
filing of a lawsuit in 1977. Although the District was declared unitary and released
from court supervision in 2003, some parties to the desegregation suit filed a motion
in the Distric... More... $0 (2/28/2008 - MO )
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Firstplus Home Loan Owner 1997
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This is an appeal from an order certifying a class action. The cause of action by the
representative plaintiffs, individually, and on behalf of the members of each subclass, seeks
damages arising from the payment by them of interest that they allege is usurious to the trust
or trusts and their trustees that own or owned their loans. The cause of... More... $0 (2/28/2008 - AR )
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Augusto Ticconi, etc. v. Blue<
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The question before us is whether the trial court abused its discretion in denying a
motion to certify a class under Proposition 64. Plaintiff Augusto Ticconi sued his health
insurance provider defendant Blue Shield of California Life and Health Insurance
Company (Blue Shield Life)1 under the Unfair Competition Law (Bus. & Prof. Code,
§ 17200 (... More... $0 (2/27/2008 - CA )
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Brian A. Audler, et al. v. CBC
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Brian A. Audler (“Audler”) appeals from the district court’s dismissal of his
class action lawsuit predicated on the Defendants’ allegedly erroneous
determinations that property owned by Audler and the other class members was
located outside of a Special Flood Hazard Area (“SFHA”) when, in fact, the
property was located in a SFHA. We first find... More... $0 (2/27/2008 - LA )
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Cynthia Lambert v. Greg Hartma
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Cynthia Lambert appeals the district court’s
dismissal of her complaint against Greg Hartmann in his official capacity as the Hamilton County
Clerk of Courts (the “Clerk”) and against the Hamilton County Board of County Commissioners (the
“County”) (collectively the “Defendants”). In September of 2003, Lambert received a traffic
citation for sp... More... $0 (2/26/2008 - OH )
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Lisa Ann Byars v. The Coca-Col
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Lisa Ann Byars appeals the district court’s judgment denying her “any
occupation” long-term disability benefits under an ERISA-governed plan. She also
challenges the court’s award of “own occupation” benefits falling below 60% of her
average compensation, and raises various other issues related to this award. Finally,
she challenges the court’s... More... $0 (2/22/2008 - GA )
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Neil Hastings; Jennifer Karpiu
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Neil Hastings and Jennifer Karpiuk were employees of Northwest Airlines, Inc.
(“NWA”). They brought a class action lawsuit against alleged fiduciaries of two
separate NWA pension plans claiming the defendants breached their fiduciary duties
under §§ 409 and 502(a)(2) of the Employment Retirement Income Security Act of
1974 (“ERISA”), 29 U.S.C. ... More... $0 (2/22/2008 - MN )
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Charles Parker, et al. v. Sear
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Class action by Plaintiff's who alleged that Sears Roebuck & Co. breached the implied warrant of merchantability and the Illinois Consumer Fraud Act by delivering freestanding electric and gas ranges without installing the anti-tip devices provided by manufacturers and required by standards promulgated by Underwriter's Laboratory and American Natio... More... $547,000,000 (2/21/2008 - IL )
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Richard B. Luke v. Collotype L
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Richard B. Luke (Luke) appeals from a summary judgment in favor of Collotype
Labels USA, Inc. (Collotype). Luke brought the underlying action for wrongful
termination in violation of public policy against Collotype. The trial court granted
Collotype’s motion for summary judgment on the basis that Luke’s claims were
preempted by the National Lab... More... $0 (2/14/2008 - CA )
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Elliot Anderson,et al v. CNH U
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This is a putative class action brought by several retirees of Case Corporation
against two entities that administer the company’s pension and retirement plans. The
district court denied the plaintiffs’ motion for class certification on June 30, 2006.
The defendants and the named plaintiffs reached a settlement agreement shortly
thereafter. The... More... $0 (2/7/2008 - IA )
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Melvin Davis, et al. v. Coca-C
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The plaintiffs in this employment discrimination case brought under Title
VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e et seq., and 42 U.S.C. §
1981, are seven employees and two former employees of Coca-Cola Bottling Co.
Consolidated (“CCBCC”). In their complaint, they allege that CCBCC is
maintaining a “pattern or practice” of discri... More... $0 (2/6/2008 - AL )
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Herman Schumacher v. Cargill M
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Cargill Meat Solutions Corporation, Swift Beef Company, and Tyson Fresh
Meats, Inc. (collectively the "Packers") appeal the district court's judgment entered
after a jury trial in a class action brought under the Packers and Stockyards Act (PSA).
The Packers argue, inter alia, that the district court improperly instructed the jury that
the Pack... More... $0 (2/5/2008 - SD )
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Ellen Palmer, et al. v. Friend
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The sole issue raised by this appeal
is whether an order denying class certification is an
appealable final judgment. The plaintiffs,1 thirty-seven
persons employed as waiters or waitresses by the defendant,
Friendly Ice Cream Corporation, appealed from
the order of the trial court to the Appellate Court, which
dismissed the appeal for lack o... More... $0 (2/5/2008 - CT )
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Christopher L. Wiesmueller v.<
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Wisconsin allows graduates of
the two law schools in the state to be admitted to the
practice of law without having to take the Wisconsin bar
exam. The plaintiff, a graduate of an out-of-state law
school, brought this suit against the members of the
Wisconsin Board of Bar Examiners and the Supreme Court
of Wisconsin, charging a violation of t... More... $0 (1/31/2008 - WI )
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Long John Silver's Restaurants
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Long John Silver’s Restaurants, Incorporated, and Long John Silver’s,
Incorporated (collectively, "LJS"), seek appellate relief from a
January 20, 2006 ruling of the district court declining to vacate an
arbitration award. Long John Silver’s Rests., Inc. v. Cole, No. 6:05-
cv-03039-HFF (D.S.C. Jan. 20, 2006) (the "Opinion").1 In the underlying
... More... $0 (1/28/2008 - SC )
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CashCall, Inc. v. The Superior
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On May 16, 2006, plaintiffs Amanda Kight, Kay-Francis Mulligan, and Brenda
Guzman filed a class action complaint against defendant CashCall, Inc., and 50 "Doe"
defendants (CashCall) alleging violation of their privacy rights.1 The complaint alleged
each of the plaintiffs had borrowed money from CashCall, and CashCall, in making
consumer lo... More... $0 (1/25/2008 - CA )
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Stoneridge Investment Partners
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We consider the reach of the private right of action theCourt has found implied in §10(b) of the Securities Exchange Act of 1934, 48 Stat. 891, as amended, 15 U. S. C.§78j(b), and SEC Rule 10b–5, 17 CFR §240.10b–5 (2007). In this suit investors alleged losses after purchasing common stock. They sought to impose liability on entitieswho, acting b... More... $0 (1/23/2008 - MO )
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Kathleen Lowden, et al. v. T-M
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The issues on appeal are whether the arbitration provisions
in Defendant T-Mobile’s service agreements with two of its
customers are enforceable under Washington state law and, if
not, whether the state law is preempted by the Federal Arbitration
Act (“FAA”), 9 U.S.C. §§ 1-16. After two consumers
of T-Mobile’s cellular phone service broug... More... $0 (1/22/2008 - WA )
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David B. Schachter v. Citigrou
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A financial brokerage company offers qualifying employees an incentive
compensation plan that allows participants the option of using a portion of their annual
earnings to purchase shares in the company’s stock at a price below the stock’s publicly traded
market price. If the participating employee resigns or is terminated for cause
within... More... $0 (1/20/2008 - CA )
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New England Health Care Employ
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Defendants-Appellants Joseph P. Nacchio and Robert S. Woodruff, the
former Chief Executive Officer and Chief Financial Officer of Qwest
Communications International, Inc. (“Qwest”), respectively, appeal the district
court’s approval of a class action settlement in a securities fraud case. The
settlement was negotiated between the Plaintiff... More... $0 (1/20/2008 - CO )
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Vicki V. Busby, etc. v. JRHBW<
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This matter is before this Court on Plaintiff Vicki V. Busby’s (“Busby”)
appeal of the district court’s denial of class certification to a class of plaintiffs
seeking damages arising out of Defendant JRHBW Realty, Inc.’s, d/b/a
RealtySouth (“RealtySouth”), alleged violation of Section 8(b) of the Real Estate
Settlement Procedures Act (“RES... More... $0 (1/20/2008 - AL )
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Carmen J. Grosso and James Che
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Carmen J. Grosso (“Grosso”) and James Chereskin (“Chereskin”) argue in these appeals that the trial court erred in certifying the settlement class, approving the settlement agreement, and approving the award of attorneys’ fees and costs issued in the class action lawsuit brought by Janet Figueroa (“Figueroa”) against Fidelity National Title In... More... $0 (1/18/2008 - FL )
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Daniel W. Miles, et al. v. W.<
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Plaintiffs-appellants Daniel W. Miles and George Hamacher appeal pro se from the district court's grant of summary judgment dismissing their federal claim pursuant to 42 U.S.C. § 1983 for failure to make the requisite showing that the alleged deprivation of constitutional rights was committed under color of state law, and dismissing their state ... More... $0 (1/15/2008 - NH )
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Manuel Grife v. Allstate Flori
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Appellant Manuel Grife appeals the district court’s order granting judgment
on the pleadings to Allstate Floridian Insurance Company (“Allstate”) in this
putative class action. After review, we affirm.
Grife owns a unit at the Admiral’s Port Condominiums in North Miami
Beach, Florida. Grife has a homeowner’s insurance policy for his condom... More... $0 (1/12/2008 - FL )
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Nicole Tortoriello v. Gerald N
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Defendants, Gerald Nissan of North Aurora (Gerald Nissan) and J.P. Morgan Chase Bank
(J.P. Morgan), appeal the judgment of the trial court denying their motions to stay court proceedings
and compel arbitration pursuant to an arbitration clause in an automobile purchase agreement signed
by Gerald Nissan and plaintiff, Nicole Tortoriello. The... More... $0 (1/11/2008 - IL )
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Manuel Grife, etc. v. Allstate
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Appellant Manuel Grife appeals the district court’s order granting judgment
on the pleadings to Allstate Floridian Insurance Company (“Allstate”) in this
putative class action. After review, we affirm.
Grife owns a unit at the Admiral’s Port Condominiums in North Miami
Beach, Florida. Grife has a homeowner’s insurance policy for his condom... More... $0 (1/10/2008 - FL )
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Jeffrey R. Hall v. Time, Inc.<
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A plaintiff must have suffered an “injury in fact” and “lost money or
property as a result of such unfair competition” to have standing to pursue either an
individual or a representative claim under the California unfair competition law, Business
and Professions Code section 17200 et seq. (UCL). We hold the phrase “as a result of” in
the U... More... $0 (1/9/2008 - CA )
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