Plaintiffs and Appellants St. Jude Medical S.C., Inc. (SC) and Pacesetter, Inc. (Pacesetter) (collectively, St. Jude), along with employees Deana Dowell, Steven Chapman and Claudio Plaza, sued Defendant and Cross-appellant Biosense Webster, Inc. (Biosense) to enjoin it from enforcing noncompete and nonsolicitation clauses in employment agreements used in California, including agreements it had wit... More...   $0 (11-19-2009 - CA)

Since the entry of a 1993 consent decree, the district court1 has overseen the enforcement of a settlement in an antitrust class action brought by the above-named class members against the National Football League and its member clubs (NFL or League). Throughout that time, the district court has resolved numerous disputes over the terms of the Stipulation and Settlement Agreement (settlement agree... More...   $0 (11-16-2009 - )

Plaintiff George Louie seeks damages against defendant BFS Retail and Commercial Operations, LLC (BFRC) for alleged violation of California‟s Disabled Persons Act (Civ. Code, § 54 et seq.1 (DPA)), because the countertops in BFRC‟s business establishments were allegedly too high to allow wheelchair access. The trial court entered judgment of dismissal upon BFRC‟s demurrer, concluding res jud... More...   $0 (11-09-2009 - CA)

The issue in this interlocutory appeal is whether the class action filed by the attorney general in this case was properly certified. Under former article 21.21, section 17 of the insurance code, the Department of Insurance (the "Department") may ask the attorney general to institute a class-action lawsuit to recover from an insurer damages for injuries done to the insurance-buying public. See for... More...   $0 (11-09-2009 - )

Plaintiffs Roy Evans and Arthea LaFrades (together plaintiffs) each owned homes in which shower pans manufactured by defendant Lasco Bathware, Inc. (Lasco) were installed. Plaintiffs' action against Lasco alleged the shower pans suffered from design defects that resulted in water leakage, and the leakage caused damage to adjacent building components. Plaintiffs' fourth amended complaint (FAC), sty... More...   $0 (11-06-2009 - CA)

The Duck Test holds that if it walks like a duck, swims like a duck, and quacks like a duck, it’s a duck. Joseph Lake, the plaintiff in this suit, flunks the Duck Test. He says, in effect, that if it walks like a duck, swims like a duck, and quacks like a duck, it sure as heck isn’t a duck.

The crux of Lake’s argument in this appeal is that a voter registration form is actually a moto... More...   $0 (11-06-2009 - IL)

Lee‟s Summit Honda (Honda) appeals the judgment denying its motion to compel Ms. Ashlee Ruhl to arbitrate her individual claims against it. Ms. Ruhl filed a class action against Honda, seeking damages for its unauthorized practice of law, section 484.020,1 and its deceptive practices connected with the sale of merchandise under the Missouri Merchandising Practices Act (MPA), sections 407.010-407... More...   $0 (11-03-2009 - MO)

John and Sarah Shumaker, appellees,1 filed a class action complaint in the Circuit Court for Howard County against Ford Motor Credit Company (“FMCâ€�), appellant, for alleged violations of the following statutes: 1) Maryland’s Credit Grantor Closed End Provisions (“CLECâ€�), Md. Code (1975, 2005 Repl. Vol.), Commercial Law Article (“CLâ€�) §§ 12-1001 et seq.; 2) Maryland’s Consumer Pro... More...   $0 (11-02-2009 - MD)

Matrixx Initiatives, Inc. (“Matrixxâ€�) is a pharmaceutical company that sells cold products through its wholly-owned subsidiary, Zicam, LLC. One of its main products is Zicam Cold Remedy, which comes in several different forms.1 Plaintiffs-Appellants are lead plaintiff, NECA-IBEW Pension Fund, and named plaintiff, James Siracusano, in a class action brought against Matrixx and three Matrixx exe... More...   $0 (10-30-2009 - AZ)

¶1 Defendant, Volkswagen of America. Inc. (VW), appeals the trial court's certification of a class action. The question to be decided is whether the trial court abused its discretion in granting class action status. We hold that it did not and affirm.

FACTS

¶2 Plaintiffs, Rajina Hess and Kelly Parsons, each own a Jetta automobile manufactured and/or sold by VW. Each vehicle was pur... More...   $0 (10-16-2009 - OK)

In this case, we must decide if the district court properly dismissed plaintiff’s cause of action. We also review by certiorari the district court’s award of sanctions against the plaintiff’s attorney. The court of appeals affirmed the dismissal and the award of sanctions. Because we agree with the court of appeals’ and district court’s decisions regarding the dismissal, we affirm that p... More...   $0 (10-16-2009 - IA)

Bruce Gelman appeals the district court’s Rule 12(b)(6) dismissal of the claims he filed under the Fair Credit Reporting Act that arose from an allegedly improper disclosure of his credit report and a subsequent mailer from an insurance company that arose from that disclosure. For the reasons that follow, we will affirm the district court.

I. FACTUAL BACKGROUND1

On or about Novembe... More...   $0 (10-10-2009 - pa)

¶1 Plaintiffs (“the Farmersâ€�) appeal the trial court’s denial of their motions for judgment as a matter of law (“JMOLâ€�) relating to their unsuccessful inverse eminent domain claim against the Flood Control District of Maricopa County (“the Districtâ€�). On cross-appeal, the District challenges the negligence claim the Farmers successfully asserted against it. The District argues the F... More...   $0 (10-08-2009 - AZ)

The question presented by this appeal is whether the applicable statute of limitations for a claim filed in Maryland pursuant to the federal Telephone Consumer Protection Act of 1991 (“TCPAâ€�) is four years – based upon the federal “catch allâ€� limitation period set forth in 28 U.S.C. § 1658(a) – or three years – based upon the Maryland general civil limitation period set forth in Mar... More...   $0 (10-05-2009 - MD)

Robert Rakes and Robert Hollander (plaintiffs), the named plaintiffs in a purported class action lawsuit against Life Investors Insurance Company of America (Life Investors), appeal from the district court’s1 order denying their motion for a continuance under Federal Rule of Civil Procedure 56(f) and granting summary

I. Background

Rakes and Hollander purchased long term care (LTC) ... More...   $0 (10-04-2009 - IA)

Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More...   $0 (10-02-2009 - MA)

This is an appeal from an order permanently enjoining arbitration regarding a construction contract on the ground that the claims alleged in the arbitration were barred by res judicata. The party seeking arbitration had asserted a counterclaim for construction defects in a prior arbitration and that counterclaim had been denied by the arbitrators. The district court held that the award barred all ... More...   $0 (09-30-2009 - ID)

¶1 The issues presented on certiorari review are whether the trial court erred (1) in certifying a class of working interest owners, and (2) in approving the proposed settlement agreement over the objections of two working interest owners. The objectors challenged the class certification, alleging that the class was not a cohesive group because the objectors did not sign a marketing election lett... More...   $0 (09-30-2009 - Ok)

Plaintiffs-Appellants Therese Shepley and Larry Young, representing a class of nationwide consumers, appeal from the district court's adverse entry of a final judgment as to their claims against Defendants-Appellees Johnson & Johnson; Centocor, Inc.; and Ortho Biotech Products, L.P. (collectively "J&J"). The appellants contend that the district court improperly entered judgment against them before... More...   $0 (09-29-2009 - MA)

Civil Code section 2941(section 2941) imposes certain obligations on the parties to a secured real estate loan transaction to promptly clear title to the encumbered property after satisfaction of the loan. As part of this process, section 2941, subdivision (c), requires a county recorder to “stamp and recordâ€� within two business days from the day of receipt in proper form and with all required... More...   $0 (09-24-2009 - CA)

This appeal involves a consumer class action alleged against defendant AT&T Wireless Services, Inc. (AT&T),1 based upon AT&T‟s marketing and sale of premium cell phones that operated on a wireless network that AT&T allegedly modified in a manner that rendered those premium cell phones essentially useless. What started as a 13-page original complaint alleging causes of action under the Unfair Com... More...   $0 (09-23-2009 - CA)

In 2004, the Morgan Hill City Council adopted a resolution that condemned Bruce Tichinin, a local attorney, for hiring a private investigator to conduct surveillance of the city manager and then denying that he had done so. Thereafter, Tichinin filed an action against the City under 42 United States Code section 1983 (hereafter “1983 actionâ€�) alleging that the City unlawfully retaliated agains... More...   $0 (09-22-2009 - CA)

In this consumer class action case the trial court found plaintiff's claims against a retailer for violation of provisions of the Song-Beverly Credit Card Act of 1971 (Song-Beverly) were pre-empted by provisions of a federal statute, the Controlling the Assault of Non-Solicited Pornography And Marketing Act of 2003 (tit. 15, U.S.C, § 7701 et seq.) (CAN-SPAM). Accordingly, the trial court sustaine... More...   $0 (09-22-2009 - CA)

Plaintiff Sara Cho filed a representative class action against Seagate Technology (US) Holdings, Inc. (Seagate) for falsely overstating in advertising and packaging the storage capacity of computer disc drives that it manufactures for public sale. The case was settled and David Klausner objected to the settlement. Klausner argued the class definition was imprecise and misleading, and that there w... More...   $0 (09-14-2009 - CA)

This case arises out of a brawl between two biker gangs, the Hell’s Angels and the Mongols. The gangs brawled at Harrah’s casino in Laughlin, Nevada, during its annual River Run event in 2002. Several people were killed, and many were injured. As a result, several groups of plaintiffs, who were not directly involved in the brawl, sued Harrah’s under various negligence theories. These sui... More...   $0 (09-10-2009 - NV)