Ernest Svenson: Class Actions

No Hang-Up in Court for Phone Customers' Class Action

The 2nd U.S. Circuit Court of Appeals dealt a major blow to Verizon Communications on Thursday, ruling that customers can sue the company for poor local phone service. Finding that customers had standing to bring an action under federal antitrust and telecommunications laws, the 2nd Circuit reversed the ruling of U.S. District Judge Sidney H. Stein of the Southern District of New York. [Law.com]

Class Action Over Copy Protected CDs

From "denise": "The Milberg Wiess law firm, known for its pursuit of shareholder derivative class actions, filed a lawsuit against five record labels last week on behalf of consumers injured by anti-copy protection incorporated into music CDs. [Via Law.com] This should get people's attention... More from the Mercury News and the Manila Business World. I haven't read the complaint, but I'm assuming California Business & Profession Code Sections 17200 (unfair business practices) and 17500 (false advertising) receive at least honorable mentions. And as Kevin Marks pointed out awhile ago on Reading Gonzo Engaged, it is not inconceivable that California Penal Code Section 502 might eventually get some play over this issue." [Bag and Baggage]

Now this is interesting!!!! What about a antitrust tying claim for selling CDs only and not individual songs? I rarely want all of the 10 or 11 songs that come on a CD. Why can't I just buy the ones I want? I think I know the answer. And I'd like to see that issue litigated in court.

Lawsuit Challenges Copy - Protected CDs.

The five major record companies have been hit with a class-action lawsuit charging that a new breed of CDs designed to thwart Napster-style piracy is defective and should either be barred from sale or carry warning labels. By Reuters. [New York Times: Technology]

Now it gets interesting....

Class-Action Suit Seeks Pay for About.com's Guides

A lawyer who's tangling with America Online over back pay for volunteers is taking aim at About.com, accusing the giant Internet company of fudging page-view records and violating labor laws in order to rip off its omnipresent "guides." The claims come in a class-action lawsuit that's expanding this month to include about 50 current and former About.com guides who contend they are due back wages and overtime. [GigaLaw]

High Court Increases Odds for Appeals of Federal Class Settlements

The U.S. Supreme Court on Monday brought new uncertainty to federal class action settlements by making them vulnerable to appeals by plaintiffs who are not named in a suit. The Court ruled 6-3 that people affected by a settlement could appeal it even if they were not named class representatives. Also Monday, the Court denied review in MasterCard International v. Wal-Mart, a major antitrust action against credit card companies. [Law.com]

Class action lawsuit filed against Energy Co's (West Coast); perfect storm?

From Hypocrites.com: The proposed lawsuit seeks repayment of hundreds of millions of dollars spent by 21 Washington public utility districts. The PUDs supposedly paid sky-high power costs as a result of market manipulation, said Steve Berman, a managing partner with the law firm Hagens Berman. One of the first big steps in the lawsuit will be getting class-action status from the California court, said Seattle lawyer Berman, lead attorney. A single Snohomish County ratepayer, Donna G. Hansen, now is named as the only plaintiff. [Story Link]

Hip Implant Class and Sulzer Settle Case for $1 Billion

From Law.com: "On Friday, Sulzer Orthopedics Inc., the company that was mired in national litigation over thousands of recalled hip and knee implants, approved a $1 billion settlement. In the upcoming months, U.S. District Judge Kathleen O'Malley in Cleveland will decide which plaintiffs' lawyers will share in the $50 million fee award for those who played a big role in the settlement."

Breast Intentions give rise to Class Action lawsuit

From Newsweek: Miami lawyer Reed Somberg filed a class-action suit against Penthouse Magazine owner Bob Guccione on the grounds that he committed fraud when he promised his 1.2 million readers that the June issue contained nude photos of tennis player Anna Kournikova. The photos were of someone who merely looked like her, and Guccione insists that he acted with good intentions. The 47-year-old Somberg disagrees, saying he spent $8.99 on a lie and he wants his money back.

Everything is a class action these days, but I'm sure the plaintiff's bar will insist that class actions provide important remedies for wrongs that would otherwise go unredressed. This case is obviously a testament to that argument.

Fishing & Class Actions in Alaska

From Findlaw: "The Alaska Supreme Court has reinstated a class action lawsuit by Bristol Bay salmon fishermen who accuse processors and buyers of conspiring to fix prices in the world's largest salmon fishery. The court Friday overturned a 1999 summary judgment ruling by Superior Court Judge Peter A. Michalski in favor of the defendant companies."

Legal fight over leak ends with whimper

From National Law Journal: "Attorneys who won $38.8 million in West Virginia's first class action toxic tort case have agreed to settle for a fraction of that amount after a federal appeals court ruled their original victory was based on the testimony of a witness who did not know what he was talking about.

Plaintiffs' counsel Richard Neely of Neely & Hunter of Charleston, W.Va., said his clients would accept an offer of $1.35 million from FMC Corp. rather than return to court for a third trial after a defense ruling last summer by the 4th U.S. Circuit Court of Appeals. Kahn v FMC Corp., No. CA 95-1098-2." [Story Link]

Sara Lee Foods to Pay $3.5M to Settle Race Bias Suits

From Law.com: "Chicago-based Sara Lee Foods has agreed to pay $3.5 million to settle 139 separate discrimination lawsuits brought by black workers at a Sara Lee subsidiary who said they were the victims of racially biased employment policies. The workers were forced to file separate lawsuits after a judge refused to certify a class action brought by nine black workers at the Hygrade Food Products plant in Philadelphia."

It would be too easy to say something using the famous Sara Lee advertising slogan. I won't do that, but I will note that if there were only nine workers affected then I guess it shouldn't have been a class action.

Okay let's get ready to RUMBBLLE....with www.BigClassAction.com

From PR Web - Legal: "In response to the over 5,000 people that have registered crime, fraud, and damages from defective products, at www.bigclassaction.com, a new legal portal has been launched today at www.worldjustice.com, where hundreds of legal resources are available for easy and convenient access by lawyers and by the public."

This is just what we need, a resource to help spur more class action lawsuits...

Court Approves DoubleClick Privacy Settlement

DoubleClick received federal court approval to settle state and federal lawsuits that charged the Net advertising company with violating the privacy of Internet surfers. The U.S. District Court for the Southern District of New York granted final approval of the class-action settlement agreement, which requires DoubleClick to provide consumers with a privacy policy that will clearly describe in "easy-to-read sentences" its online ad-serving service, use of cookies, as well as other services and technologies. [GigaLaw]

Class Action Suit Over Blood Warning Stumbles

A Chicago minister has hit a roadblock in his attempt to make the nation's hospitals and blood banks legally responsible for notifying blood transfusion patients they might be infected with hepatitis C. A judge in Cook County, Ill., dismissed the Rev. John David Sturman's class action, ruling that his claim that hospitals and blood banks have a duty to notify patients of a potential infection is "legally insufficient." [Law.com]

Addicted to Video Lottery Terminals? You may be part of the class action lawsuit.

"Lawyers are seeking compensation on behalf of people addicted to tobbaco? No this week it is..... video lottery terminals. Last week, a judge allowed a class-action lawsuit against Loto-Quebec to go forward. Sheesh." via [MyFreePress.com]