Just in time for football season, a New Jersey federal judge granted the video game producer Electronic Arts Inc.'s ("EA") motion for summary judgment in an proposed class action brought by former Rutgers University quarterback Ryan Hart.  Hart alleged that EA had misappropriated his likeness and used it in the popular game "NCAA Football".  EA asserted First Amendment protection of its "expressive work" and the Court agreed that EA's First Amendment rights outweighed Hart's right of publicity.  Apparently profiting from your likeness is just one more advantage of going pro.  For more information click here Link.

Privacy Concerns - A federal judge in California approved a $9.5 million settlement in a class action filed against Sirius XM Radio Inc.  The settlement encompasses class members from five of the eleven states alleging that Sirius XM Radio Inc. had recorded their personal telephone calls without authorization.  Link to Article

Wal-Mart employees brought a putative class action lawsuit alleging that, as a result of policies and procedures consistent in 3,400 Wal-Mart stores in 41 regions, Wal-Mart discriminates against women in violation of Title VII of the Civil Rights Act of 1964 by paying women less than men in comparable positions and by promoting fewer women than men.  The United States District Court for the Northern District of California certified a class of all women with claims for injunctive relief, declaratory relief, and back pay employed by Wal-Mart at any time after December 26, 1998, and created a separate opt-out class for punitive damages claims. 

In Dukes v. Wal-Mart Stores, Inc., 603 F.3d 571 (9th Cir. 2010), the Ninth Circuit Court of Appeals affirmed certification of a Rule 23(b)(2) class encompassing all women currently employed by Wal-Mart in a variety of different positions with claims for injunctive relief, declaratory relief and back pay but remanded as to certification of the claims for punitive damages and the claims of putative class members who no longer worked at Wal-Mart when the complaint was filed.  The Ninth Circuit noted that the size of the proposed class "should not change the analysis the Supreme Court required in General Telephone Co. of the Southwest v. Falcon, 457 U.S. 147 (1982)" and should not "necessitate that we take an even harder look at the merits . . ."

The United States Supreme Court has agreed to consider the issues of (1) whether claims for monetary relief can be certified under Rule 23(b)(2) and, if so, under what circumstances; and (2) whether the class certification ordered by the Ninth Circuit under Rule 23(b)(2) was consistent with Rule 23(a).

According to an article in the Wall Street Journal, the Supreme Court's decision "will almost certainly affect all sorts of class-action suits, including ones asserting antitrust, securities, and products liability."

The Los Angeles Times reports that BP has been sued in "at least 250 class action lawsuits" seeking damages "expected to reach into the double-digit billions" arising from the oil rig explosion in the Gulf of Mexico in April.  The Los Angeles Times says that the "vast majority" of the suits have been filed by "fisherman, charter operators, restaurants and property owners claiming financial losses after the disaster shut down fisheries and pummeled coastal tourism."

Bingo players in Alabama continue to file class action lawsuits seeking to establish that gambling contracts are void and they are therefore entitled to get back the money they lost playing electronic bingo.

Two Atlanta law firms that represent Georgians who own property on the Gulf are suing BP for damages from the oil spill.  The class action lawsuit was filed in the Northern District of Georgia and asks for compensation for loss of income, property value and enjoyment.  This is the first class action suit against BP that limits the class action group to Georgians who own property in Florida.

A federal judge in California has ruled that a monopoly based lawsuit against Apple, Inc. and AT&T can move forward as a class action lawsuit.  The plaintiffs take issue with Apple’s practice of locking i-phones so they can only be used on AT&T’s network and Apple’s control over what applications i-phone users can install on their i-phones.  The plaintiffs further allege that they were locked into a five-year relationship with AT&T. 

The Hartford Financial Services Group has agreed to settle a $72.5 million class action lawsuit.  The plaintiffs alleged that the Hartford used questionable business practices when paying personal injury and workers’ compensation claims.  The average settlement will provide each class member with approximately $3,300 before payment of fees and expenses.

Charter Communications has agreed to settle a wage and hour class action lawsuit for $18 million.  The class includes employees who worked in certain field technician positions.

A jury has ordered a Novartis AG pharmaceuticals unit to pay $3.4 million to a dozen women in a gender bias lawsuit.  In the class action suit, the women alleged that the company discriminated against them in terms of pay, promotion, and pregnancy.  The attorney for the plaintiffs asked the court for punitive damages in the amount of $285 million.

Countrywide Financial has agreed to settle a class action lawsuit for more than $600 million.  The New York State Common Retirement Fund and five New York City pension funds claimed that former Countrywide CEO Angelo Mozilo and executives hid from them that the company fueled its growth by allowing underwriting standards to deteriorate.  Bank of America bought Countrywide in 2008.

A class action lawsuit has been filed against British Petroleum by Louisiana fishermen, shrimpers, and commercial boaters who claim that the Gulf oil spill has harmed their livelihood. The suit also names Haliburton Energy Services, Inc. and Cameron International Corp. as defendants. Haliburton was responsible for cementing operations at the well and well cap. The plaintiffs allege that Haliburton was negligent in performing that work. Cameron manufactured the rig’s blow out preventers that could have prevented the oil spill.

The Hartford intends to settle a class action lawsuit alleging that the company kept millions of claims of settlement money that should have been paid to victims. The Hartford would like to pay $47 million to settle the case. The settlement is pending approval in federal court.

In Baillargeon v. Sewell, No. 2D08-3828, 2010 WL 1727842 (Fla. 2d DCA Apr. 30, 2010), class representatives filed a claim in probate proceeding in Florida state court on behalf of themselves and other members of the class of plaintiffs who brought a federal class action against the decedent before he died.  In the federal class action, the class alleged the decedent violated federal securities laws and the Interstate Land Sales Full Disclosure Act through his involvement in a lease-to-own investment scheme whereby preleased houses would be sold to investors, who expected above-market returns when the renters purchased the homes.  The class also asserted several common law claims.

In the probate proceeding, the personal representative moved to strike the class representatives' claim on behalf of the class members, arguing that under the Florida Probate Code each class member had to file his or her own claim.  The trial court denied the personal representative's motion to strike the class members' claims, holding that (1) the class members did not have to file claims because the federal class action was pending at the time of the decedent's death; and (2) the class representatives could file class claims on behalf of the class in the probate proceeding.  The Second District Court of Appeal rejected the trial court's reasoning, holding that the class members did have to file their own claims and concluding that "it does not seem unfair to us to require the individual class claimants to take the relatively simple step of filing a statement of claim with the probate court in order to preserve their claims against the Decedent."

In a sharply divided ruling, the U.S. Court of Appeals for the Ninth Circuit ruled that a massive class action lawsuit against Wal-Mart alleging gender discrimination over pay for female workers can proceed to trial.  The appeals court upheld a lower court ruling allowing the lawsuit to move forward as a class action.  Attorneys for the plaintiffs contend that the class contains more than one million women.

The U.S. Supreme Court has said that investors who lost millions on the drug Vioxx could sue Merck over whether the investors were provided with enough information about the drug’s risks before it was withdrawn from the market.  The securities class action lawsuit will now move forward in federal court.

Charles Schwab has agreed to pay $200 million to resolve a federal class action lawsuit filed by investors who claim that the company misled them regarding the safety of mortgage-backed securities.  If the settlement is approved, it would result in a retroactive charge that would eliminate the company’s first quarter profit.

A panel of federal judges has chosen a Southern California federal court as the location for the consolidation of dozens of potential class action lawsuits filed against Toyota in the wake of its recall of millions of vehicles.  The potential class action cases seek damages for losses in the vehicles’ value or damages arising out of sudden acceleration of the vehicles. 

The maker of E-Ferol, an intravenous vitamin E supplement marketed for premature babies, has been ordered to pay $110 million to settle a class action case.  The drug was responsible for killing at least 38 babies in the 1980s. 

Verizon Wireless has been sued in a class action lawsuit alleging that the cell phone service provider tacked on $1.99 internet usage fees even when the user’s cell phone was turned off or when the user accidentally launched the browser. 

The trial of a $200 million gender discrimination claim against Novartis Pharmaceutical began this week.  The 5,600 plaintiff class claims that the company actively discriminated against women by discouraging pregnancies and ignoring complaints of sexual harassment. 

The American Society of Media Photographers and other groups representing visual artists plan to file a class action lawsuit against Google, claiming that Google’s efforts to digitize millions of books from libraries amount to infringement of their copyrights.

Three proposed class action lawsuits have been filed against Toyota, claiming that the company gave false initial assurances that the problem with its cars was a simple floor mat issue, helping prop us the stock price.  The plaintiffs claim that Toyota spread misleading information through press releases, conference calls, and TV interviews. 

A San Jose Judge has approved a $9.5 million class action settlement over Facebook’s program Beacon that published what users were buying.  Facebook also agreed to fund a digital trust fund that will issue $6 million in grants to organizations that study online privacy.

A lawsuit seeking class action status has been filed over Coca-Cola’s intended takeover of Coca-Cola Enterprises’ North American bottling operations.  The plaintiff claims that the takeover would unfairly compensate the shareholders of Coca-Cola Enterprise.  The lawsuit seeks damages and a court order blocking the plan.

Several small business owners have sued Yelp, a popular website that allows consumers to post opinions about businesses and restaurants, claiming that they have been pressured to advertise on Yelp in exchange for getting negative reviews deleted.  At least three lawsuits seeking class action status have been filed against the companies. 

Plaintiffs have filed a lawsuit against Delta Airlines and AirTran, alleging that the airlines colluded to charge customers a fee for checking bags.  The plaintiffs allege that AirTran officials used a quarterly conference call with industry analysts in October 2008 as an invitation to collude on the imposition of a first bag fee.  The plaintiffs hope that the lawsuit will be certified as a class action. 

Plaintiffs have filed lawsuits against Bank of America and Wells Fargo, claiming that the companies did not honor agreements to make their temporary loan modifications permanent through the U.S. Treasury’s Home Affordable Modification Program.  Plaintiffs hope to achieve class action status for their suits.

A Northeastern professor aims to lead a class action lawsuit against Toyota related to Toyota’s recall of millions of vehicles for unintended acceleration.  The Northeastern law professor, P. Tim Howard, is leading a consortium of 22 law firms in 16 states.  The heart of the case concerns the fact that Toyota owners have seen the value of their vehicles plummet and have lost the use of their vehicles for significant periods of time.

A Fort Worth federal judge has dismissed a class action lawsuit against American Airlines.  The plaintiffs sought damages for American’s action of allegedly stranding thousands of passengers in December 2006.  The judge agreed with American’s motion to dismiss because the plaintiffs did not file suit within the statute of limitations. 

Staples, Inc. will pay $42 million to settle a dozen class action lawsuits where the plaintiffs claimed that the company misclassified its assistant store managers as exempt from overtime to avoid paying extra wages.  The settlement resolves claims dating back to 2002.

A group of seventeen major networks and production studios, as well as talent agencies, settled a class action lawsuit filed against them by television writers alleging that the companies discriminated against the writers due to their age.

An Xbox user filed a class action lawsuit against Microsoft alleging that Microsoft wrongfully failed to provide the goods and services he paid for with "Microsoft Points," which allow Xbox users to purchase games and other downloadable media from the Xbox Live Marketplace.

Residents living near fraternities at University of California at Berkeley filed a class action lawsuit seeking to require the fraternities to have live-in adult supervisors to curb alleged alcohol abuse, littering and noise violations.

A class action lawsuit has been filed by AT&T customers who use iPhones, Blackberrys, and Smart Phones to access the internet.  The plaintiffs claim that they are being taxed illegally and should receive millions of dollars in refunds.  The federal Internet Tax Freedom Act prevents state and local governments from imposing taxes on those who use their phones to surf the web.  The plaintiffs allege that thousands of Floridians have been improperly billed.

Aurora Health Care, a Wisconsin healthcare provider, has been sued in a class action case by several plaintiffs who claim that the company violated their privacy when it disclosed their personal medical information in bankruptcy court.  The plaintiffs are seeking $25,000 in damages for each person whose private information was revealed.

In Lowery v. Alabama Power Company, 483 F.3d 1184 (11th Cir. 2007), the Eleventh Circuit interpreted the $5 million amount in controversy requirement in the Class Action Fairness Act, affirming the district court's decision to grant a motion for remand filed by a class of homeowners alleging that several companies caused personal injury and property damage by discharging pollutants into the air and groundwater.  After being added as a defendant to the case in an amended complaint, one company attempted to remove the case to federal court, relying on allegations in the amended complaint concerning the number of plaintiffs and the type of harm they suffered, as well as specific damages allegations in a prior complaint.  The company estimated that each of the 400 plaintiffs needed to seek only $12,500 to reach the $5 million amount in controversy and argued that $12,500 was a low estimate for the amount of damages claimed by each class member, in light of the nature of the claimed bodily injury and property damage.  The court rejected this calculation, reasoning that "we fail to see how we can justify a conclusion that the per-plaintiff recovery will exceed even so low a total" and that to reach such a conclusion the court would have to "engage in impermissible speculation."  The court concluded that the amended complaint alone--which did not allege a specific amount of damages--could not form the basis for removal.

A recent class action decision from the Southern District of Ohio illustrates the difficulty now facing post-Lowery defendants.  Following the approach suggested in Lowery, the defendants in Curry v. Applebee's International, Inc., 2009 WL 4975274 (S.D. Ohio Nov. 17, 2009)--faced with a complaint that did not specifically allege the amount of damages sought by the plaintiff class of purchasers of menu items whose nutritional information was allegedly misrepresented--dutifully waited to receive evidence regarding the amount of damages claimed before attempting to remove the case.  Upon receipt of interrogatory responses indicating that the plaintiff class was seeking the full value of the menu items purchased at an average value of $7 per item, the defendants attempted to remove the case.  The court held that the defendants should have removed the case sooner, upon receipt of a settlement demand requesting compensation in the amount of 5% of the items sold at an average price of $7 per item, because the settlement demand should have indicated to the defendants that the plaintiff class was seeking recovery based upon the value of the menu items purchased.  In a footnote, the court went one step farther, stating that because defendants had knowledge of their own sales figures related to the menu items at issue, the case may have been removable as soon as the complaint was filed.

Two units of AT&T, Inc. have been sued in class action cases where the plaintiffs allege that they were misclassified as exempt from hourly wage laws and did not receive the overtime pay they were due.  One suit was filed against BellSouth Communications, Inc. in U.S. District Court in Atlanta.  A similar suit was filed in federal court in San Francisco.  Both suits seek $500 million in damages. 

Three Massachusetts residents have filed a class action lawsuit against CVS.  The plaintiffs accuse the drugstore chain of falsely claiming that its AirShield effervescent dietary supplement could prevent colds.

The United States Government has agreed to pay $3.4 billion to settle the Indian Trust Fund lawsuit.  The suit arose from a system dating back to 1887 when Congress divided tribal lands into parcels.  The parcels were assigned to individual American Indians while the remaining parcels were sold.  The Interior Department manages 56 million acres of Indian Trust land.  The Government handles leases on the land and distributes revenue to the American Indians.  In 2009, the Government collected $298 million for 384,000 accounts.  In the class action suit, the plaintiffs accused the Government of mismanaging the funds.  The plaintiffs allege that they are owed far more than what they had been paid.  The settlement of the Indian Trust Fund lawsuit represents an end to one of the largest and most complicated class action lawsuits in U.S. history.

A lawsuit against AT&T has been certified as a class action.  The plaintiffs allege that the company could not match the speeds promised in its DSL campaign. 

A class action lawsuit has been filed against Denver-based Qwest for failing to live up to its “Price for Life” guarantee on high speed internet service.  The plaintiff alleges that Qwest increased the cost of his broadband service even though he signed up for the “Price for Life” promotion.

Three retirees have filed a lawsuit seeking class action status against Verizon.  The plaintiffs accuse Verizon of improperly transferring retirees out of Verizon’s pension plan when the companies spun off yellow pages publisher Idearc Inc. in 2006.  Idearc has since gone into bankruptcy, and the retirees state that their benefits have been cut.

A class action lawsuit has been filed against Toyota to correct sudden unintended acceleration in Toyota and Lexus vehicles.  Toyota has laid the blame on its floor mats and launched a recall of four million vehicles.

Class action lawsuits stemming from banks’ overdraft practices have sprung up across the United States.  Complaints against eight banks—including Bank of America, Citibank, JP Morgan Chase, Wachovia, and Wells Fargo—are being consolidated into a single action in the U.S. District Court for the Southern District of Florida.  The plaintiffs allege that banks are signing up customers for overdraft protection without their knowledge, realigning transactions to maximize fees, and giving debit card users no warnings when they are overdrawn. 

Seven Philadelphia area health systems were sued in a class action case by employees who allege that they were forced to work during their lunch breaks and were not compensated for their work.   Federal and state law requires that hourly workers be paid for all time they are working.

Marsh & McLennan, one of the world’s largest insurance brokers, has agreed to pay $435 million to settle class action shareholder lawsuits.  The plaintiffs have alleged bid-rigging and price-fixing by the company’s insurance brokerage unit.   Marsh & McLennan has not admitted wrongdoing. 

Three shareholders have filed lawsuits against Burlington Northern Sante Fe Corporation after the company announced that it had agreed to be acquired by billionaire investor Warren Buffet.  The plaintiffs, who seek class action status for their lawsuits, allege that Burlington’s management shortchanged stockholders, rushed into a deal for their own benefit, and failed to get the highest price. 

Plaintiffs are attempting to sue Pfizer, Inc. in a class action case in which Pfizer allegedly concealed evidence that the epilepsy drug Neurotonin did not work for unapproved uses including nerve pain, migraines, and bipolar disorder. 

Judges overseeing at least 23 auction rate class action cases have dismissed the cases in recent weeks.  Auction rate securities were once peddled as safe by Wall Street.  Brokerage firms are refusing to allow their customers to redeem their securities.  Filing an arbitration case against the brokerage firm may be more promising than filing a class action suit.

Wal-Mart has agreed to pay up to $85 million to settle a class action lawsuit covering 39 class actions in several states.  The workers alleged that Wal-Mart prohibited them from taking breaks, failed to pay overtime, or altered their time cards. 

In Orange County, California, the toll road agencies have agreed to waive $41 million in commuter penalties and pay $1.4 million in restitution to settle a class action lawsuit brought on behalf of people who claimed they were charged excessive penalties for toll violations.

Adams Golf has settled a stockholder class action lawsuit filed in June 1999.  The lawsuit involves allegations that Adams Golf’s initial public offering prospectus was false and misleading.  The settlement provides for payment to the class of $16.5 million of which Adams Golf will contribute $5 million. 

A federal judge is stepping in to end the stalemate in two class action lawsuits in state court against Louisiana Citizens Property Insurance Corp.  The Magistrate Judge invited the Insurance Commissioner and the attorneys to convene in federal court.  Because neither court has primacy over the other and because the rival cases have spawned appeals, no money has been distributed to policy holders from claims arising out of the 2005 hurricanes.

A California homeowner has filed a class action lawsuit against the Pulte Home Corporation, alleging that Pulte engaged in a fraudulent scheme to prop up sales and home prices through control of the sales process.  The plaintiff alleges that Pulte’s business model provides one-stop-shopping for home buyers and that the company controls sales, financing, ancillary settlement services, and appraisals.  The plaintiff alleges that Pulte lured unqualified buyers by promising them large discounts.

On Monday, bank customers filed a putative class action in the Southern District of Florida against Bank of America, Wachovia, U.S. Bank, JPMorgan Chase and Citibank seeking restitution as well as actual and punitive damages resulting from the banks' overdraft fee policies.  Lead plaintiffs' counsel Bruce Rogow commented in a press release that "[c]harging a $35 overdraft fee when a college student uses her debit card to buy a cup of coffee is unconscionable."

After an appellate decision finding that passenger fees charged by the Bridgeport Port Authority to ferry passengers since 1993 were unconstitutional, a putative class action lawsuit has been filed against the Bridgeport Port Authority by passengers seeking a refund of the passenger fees they paid.

Aerosmith will play a concert tonight in Hawaii to settle class action claims filed by disappointed fans who sued Aerosmith after it cancelled a 2007 concert in Hawaii.  The fans alleged that the concert cancellation cost them between $500,000 and $3 million in travel and other expenses.

A class action lawsuit claiming $1 billion in damages has been filed against SoHo nightclub Greenhouse.  The lawsuit alleges that the club denied access to people who were invited to the club to celebrate author Teri Woods' new book because of their race.

Yahoo has reached a settlement in the pay-per-click class action lawsuit.  In that case, the plaintiffs allege that they contracted for targeted ad placement through two products and that Yahoo breached its contract with customers by allowing Yahoo ads to be displayed in spyware, domain name parking sites, and pop ups.  The claims included breach of contract, unjust enrichment, misrepresentation, civil conspiracy, and unfair business practices.  Yahoo has agreed to implement a new filtering option for ads and to make modifications to the way it handles disclosures and click fraud investigations.

Zipcar, Inc., a self-service car rental company that rents cars by the hour, has been sued for charging excessive fees to consumers.  The plaintiffs seek to make the case a class action proceeding.  The lawsuit was filed in federal court in Boston and alleges that there were a number of excessive fees charged to consumers including phone fees, late fees, and inactivity fees.

A federal judge has thrown out a class action lawsuit against Disney brought by three disabled persons who were upset they could not ride their personal segways in the Walt Disney World theme parks.  The judge also rejected a proposed settlement which would have permitted Disney to continue banning the two wheeled segways in exchange for deploying four-wheeled scooters for disabled guests to use.  The settlement also included paying the plaintiffs’ legal fees, and giving the plaintiffs $4,000 each towards future Disney vacations. 

Customers have sued AT&T and Apple over a glitch in the iPhone.  The customers allege that they were led to believe that the iPhone had multimedia messaging services which included the ability to send and receive pictures.  This service only became available at the end of September 2009 when many customers believed that the service would be available much earlier.  The customers have filed suit in nine states.  The suits seek to become class action cases against Apple and AT&T. 

T-Mobile has been sued in a class action case for allegedly pushing customers towards paperless billing.  The plaintiffs allege that adding a fee for paper bills constitutes a material modification of their contracts.  In August 2009, T-Mobile began to charge a $1.50 monthly fee on all accounts that continued to receive a paper bill.

Facebook has agreed to shutdown its Beacon advertising system in order to settle a class action lawsuit.  The lawsuit alleged that Facebook and its Beacon affiliates, like Blockbuster and Overstock.com, violated a number of laws, including the Electronic Communications Privacy Act, the Video Privacy Protection Act, the California Consumer Legal Remedies Act, and the California Computer Crime Law.  Beacon was designed to broadcast back to a member’s facebook friends actions that the facebook member took on participating websites.

Female employees at Sterling Jewelers are pursuing class action status for their claims of sex discrimination at the retail chain.  The Arbitrator is currently considering whether women were paid $2 to $3 less per hour than men and whether women were offered fewer promotional opportunities.  Sterling argues that the case cannot be certified as a class action because the women signed agreements in which they agreed to submit employment disputes to arbitration.

Tenet Healthcare, the owner of three Orange County hospitals, has agreed to pay $85 million to settle claims that nurses and other 12-hour shift employees were denied extra pay after changes in California law resulted in the employees being entitled to overtime wages.  Approximately 23,000 current and former employees qualify for cash payment. 

Clients of Neal Greenberg, a Boulder, Colorado based wealth manager, have filed a civil complaint after his firm, Agile Group, froze their accounts.  The plaintiffs seek class action status and allege that Agile inappropriately placed their funds into high risk, unsuitable investments, which destroyed their retirement nest eggs. 

A federal court has approved a $475 million settlement in a class action case involving Merrill Lynch.  The lawsuit, led by the State Teachers Retirement System of Ohio, accused Merrill Lynch of artificially inflating its stock prices through risky investments connected to subprime mortgages. 

Toyota has been sued in a class action lawsuit for allegedly hiding evidence from plaintiffs in cases involving highway deaths and injuries.  The class action case echoes the allegations in a lawsuit filed by a former Toyota attorney who accuses his former employer of concealing and destroying evidence that should have been provided to plaintiffs.

The EEOC has filed a lawsuit against UPS alleging that the company improperly fired a disabled employee.  The employee took 12 months of medical leave due to multiple sclerosis, returned, and then left again due to complications from her medications.  The EEOC alleges that UPS failed to accommodate the employee’s disability in violation of the American with Disabilities Act.  The EEOC seeks class action status for the suit.

A lawsuit has been filed against Textron alleging that top management misled stockholders and painted an overly rosy picture of the company’s finances prior to the financial meltdown last year.  The suit was filed in U.S. District Court in Rhode Island on behalf of current and former employees of Textron.  The plaintiffs seek class action status for the lawsuit.

Microsoft and Yahoo have joined a group of opponents of a class action settlement that gives Google the right to digitize millions of books.  The companies are members of the Open Book Alliance which is made up of nonprofits and libraries which oppose digitizing the books.  Critics of the proposed class action settlement assert that the deal gives Google the ability to set prices for libraries once the books are scanned onto the internet.

Wells Fargo has been sued over the slashing of home equity lines of credit.  The plaintiff accuses the Bank of reducing credit lines based on flawed automated software which exaggerates the decline in property values.  The plaintiff seeks class action status for the lawsuit. 

A Boston attorney has filed a class action lawsuit against Bank of America Home Mortgage and Wells Fargo Home Mortgage, alleging that the lenders knew or should have known that the loans could grow bigger over time and were unaffordable to borrowers.  The suits are grounded on a 2008 Massachusetts Supreme Judicial Court decision in which the Court decided that lenders violated state law by writing loans that were almost certain to lead to default and foreclosure.

Plaintiff lawyers are seeking class action status for 57 federal cases being consolidated in Chicago and West Palm Beach against Ocwen Financial, one of the nation’s largest servicers of mortgages to consumers with low credit scores.  The plaintiffs allege that Ocwen classified timely payments as late and then began foreclosure proceedings.

Morton’s Restaurant Group, Inc. has settled a class action lawsuit alleging that waiters were forced to give up their tips to managers and were paid less than the minimum wage.  Morton’s will record a $13.4 million charge related to the class action suit.

A Congressional committee has held hearings on the Obama administration’s proposal to ban arbitration clauses from credit card agreements as part of a wider push for consumer protections.  Citing arbitration clauses, banks can request that lead plaintiffs in a class action suit go to arbitration individually. 

A California Superior Court Judge has allowed a class action lawsuit to proceed against DirecTV for allegedly imposing early termination fees of up to $480 on customers who canceled their service before the end of the contract term.  The plaintiffs accuse DirecTV of not clearly disclosing its cancellation terms and fees.

Denny’s Restaurant faces a class action lawsuit due to allegedly unsafe levels of sodium found in the food served by the restaurant.  The lawsuit seeks to force Denny’s to disclose the amount of salt in its meals.

A federal judge granted class action status to a lawsuit which accuses a unit of Toys “R” Us, Inc. and five manufacturers of conspiring to fix prices on a variety of baby goods.  Similar price-fixing allegations have been thrown out by federal judges in the wake of a 2007 U.S. Supreme Court decision which ruled that minimum pricing agreements between manufacturers and retailers were no longer inherently illegal. 

Massachusetts residents have filed a class action lawsuit against the Massachusetts Turnpike Authority, claiming that motorists who paid Pike tolls were forced to pay for work on other untolled projects.  The plaintiffs allege that it was unconstitutional to use $450 million in revenue to pay for the Big Dig. 

A class action lawsuit has been filed against Marquette Bank on allegations that the Bank violated the Electronic Funds Transfer Act by failing to disclose that non-members would be charged a fee for using an ATM.  Under federal law, an electronic message on the screen has to disclose any fees.

The highest court in Massachusetts has ruled that customers have the right to pursue class action claims against businesses, overriding provisions in agreements which state that claims must be submitted to arbitration.  Other states have invalidated provisions in software licenses, membership contracts, and credit card agreements which state that class action claims are barred. 

Northwestern Mutual Life Insurance Company has been sued in a $200 million class action lawsuit by former financial representatives of the firm.  The plaintiffs claim that Northwestern Mutual denied them minimum wage and overtime pay. 

A class action lawsuit has been filed against The Dannon Co, Inc. which accuses the company of mounting a massive advertising campaign to convince consumers to pay more for yogurt containing probiotic bacteria because of the product’s health benefits.  The plaintiffs seek reimbursement for all purchases of Activia, Activia Light, and Dan Active, and the plaintiffs further demand that the company engage in a corrective advertising campaign.   

A group of five public pension funds have won the right to lead a class action lawsuit against Bank of America for its acquisition of Merrill Lynch.  Investors accuse Bank of America of misleading them regarding Merrill Lynch’s financial health prior to the deal even though it was clear that Merrill Lynch would suffer a $15.84 billion loss.

Stream Energy has been sued in a class action lawsuit accusing the company of running a pyramid scheme.  In the pyramid scheme, new participants pay money to the people who recruit them, then hope to recoup their investment by recruiting others.  The pyramid collapses when there are not enough new recruits.

Class action lawsuit filed in federal court in Florida against Florida developer Ginn.  The lawsuit alleges that the Ginn Development Company, LLC and Lubert-Adler Partners, LP created a false appearance of high demand for properties, artificially inflated the values of the properties, and misrepresented the amenities to be developed. 

California homeowners have filed a class action against KB Home, Countrywide Financial, and LandSafe Appraisal Services, claiming that the companies conspired to artificially rig home appraisal values and sale prices.  The plaintiffs claim that the defendants inflated home prices by $300 million in California alone.

The California Supreme Court revived a class action suit against the tobacco industry, ruling that smokers could hold the tobacco companies accountable for deceptive advertising. 

A Massachusetts judge approved a $10.65 million settlement of a class action law suit filed against the U.S Smokeless Tobacco Company for price-fixing.

A U.S. District Judge in New York has preliminarily approved a proposed settlement of a class action lawsuit over Costco’s annual membership renewal practices.  The plaintiffs allege that Costco shortchanged them on membership benefits when Costco did not reset the renewal date after members renewed their membership. 

A federal appeals court has revived a Tampa class action lawsuit.  The suit seeks money for Florida shoppers whose credit and debit cards were swiped in a data breach that hit 109 Sweetbay supermarkets. 

A Vioxx class action lawsuit is rejected by a California judge.  The judge ruled that the patients and insurers could not sue as a group.  The judge found that the patients paid varying amounts for the drug and had too many other differences to sue jointly. 

Former Abbott employees have sued Abbott Laboratories, alleging that the healthcare products company cheated them out of their retirement benefits.  The lawsuit stems from Abbott Laboratories spinoff into a separate company, Hospira, which is also named in the suit.  The plaintiffs allege that they were promised a similar benefits package at Hospira, but that is not what they received.

A class action lawsuit has been filed against U.S. Fidelis.  The plaintiffs allege that they purchased extended vehicle protection to cover their vehicles in the event of a repair, but that the policy included so much fine print that they were ultimately left out in the cold. 

Homebuilder Lennar Corporation has been named in a class action lawsuit brought by plaintiff homeowners who bought homes built with Chinese drywall.  The plaintiffs claim that the drywall emitted gases that made them sick. 

Workers who have lost their jobs in the recession are more likely to bring lawsuits against their prior employers given the bleak job market.  Some of these suits are class action lawsuits.  HomeBanc employees brought a class action lawsuit against the Atlanta-based mortgage lender for not giving them ample notice of their dismissal. 

Banking software firm Fiserv was hit with a $1 billion class action lawsuit on April 2.  The plaintiffs allege that Fiserv should share responsibility for the fate of securities and cash Bernard Madoff was supposedly managing.  The plaintiffs allege that while Fiserv was the designated custodian for the plaintiffs’ IRA and pension accounts the designation was fictitious because no securities were purchased for the plaintiffs.  The plaintiffs further allege that they received false monthly statements of their holdings detailing the purported value.

The United States Court of Appeals for the Ninth Circuit revived a class action lawsuit accusing Arco, Chevron, and other refiners of conspiring to fix gasoline prices in the mid-1990s.  The plaintiffs contend that the defendants violated the Sherman Antitrust Act by limiting the supply of gasoline to raise prices and keep them high. 

The Hartford and other insurers have been sued in a class action suit over the “dumping” of cheap Chinese food in the U.S. market.  The plaintiffs allege that the defendants negligently issued hundreds of customs surety bonds to thinly capitalized and inexperienced importers and refused to pay out on the bonds.  The bonds guaranteed the payment of any dumping duties that the government determined were owed by U.S. importers of Chinese goods.  The plaintiffs seek nearly one billion dollars in damages. 

A federal judge approved class action status for royalty owners with interests in 290 natural gas wells in the Oklahoma pan handle and southwestern Kansas.  The suit was filed against Fort Worth based XTO Energy.  The royalty owners allege that XTO underpaid them by 15 to 20 percent by selling gas to a wholly owned company subsidiary at below market prices.  The gas was later allegedly sold to an unaffiliated company at a higher price.

A class action suit was filed by 150 families and businesses against Exxon Mobil Corporation.  The plaintiffs contend that they were contaminated by the gasoline additive MTBE.  The plaintiffs are seeking more than $530 million dollars in individual damages and billions more in restoration damages.

Louisiana Judge approves settlement in a class action lawsuit against Louisiana Citizens Property Insurance Corporation.  The settlement would award $1,000 apiece to policyholders whose hurricane claims in 2005 were paid slowly. 

A New Jersey Judge denies a class action on consumer Vioxx costs.  The plaintiffs sued to recover their out-of-pocket costs associated with Vioxx. 

A Sprint shareholder filed a class action lawsuit against Sprint, challenging whether the company propped up its stock price by avoiding timely disclosure of problems with its Nextel purchase. 

A hospital network in Albany, New York has agreed to settle an antitrust class action suit for $1.25 million in which the nurses alleged that the hospitals had illegally conspired to hold down their wages. 

Judge decertifies class action involving off-label use of an epilepsy and neuralgia drug.  The class representatives brought claims of misrepresentation, negligence, negligence per se and breach of express warranty on behalf of users of the drug Neurontin.  The plaintiffs sought a refund of non-insured payments of the drug.  The judge granted Pfizer, Inc.’s motion for class decertification because he felt there were questions of fact as to whether each class member had been benefited or harmed by their off-label use of the drug. 

The U.S. Court of Appeals for the Ninth Circuit will revisit a Wal-Mart class action dispute.  The case began in 2001 when a 54-year old Wal-Mart employee filed a sexual discrimination claim against Wal-Mart, claiming that she was denied the training that she needed to advance because of her sex.

Fortunoff, a jewelry and home goods retailer, laid off 300 employees and faces a class action lawsuit.  The suit alleges that the company failed to provide advance written notice of the layoffs which is required by federal and state Worker Adjustment and Retraining Notification Acts. 

Parents of autistic children sue Kaiser Permanente in a class action law suit, claiming that the HMO refused to treat children with autism in order to save costs.

Class action lawsuit filed against JP Morgan Chase for charging borrowers high monthly fees which are added to borrowers’ balances. 

California investors file a class action lawsuit against a prominent real estate brokerage firm and a former Orange County businessman for concocting a scheme in which the defendants allegedly bought small commercial properties, artificially inflated their prices, and sold the properties to investors.

Class action lawsuit filed against grocery distributor.  The suit alleges several counts of anticompetitive behavior that purportedly constitutes violations of the Sherman Act.

Judge orders new trial in $300 million dollar class action lawsuit against Sprint-Nextel.  The former Sprint customers challenged the ability of the company to charge early termination fees.