NJ high court certifies class-action case against Wal-Mart

A class-action lawsuit against Wal-Mart was finally certified by the New Jersey Supreme Court. The lawsuit is filed by Wal-Mart employees who claim that the nation’s largest retailer denied them meal and rest breaks, and forced them to work off-the-clock.

Judith L. Spanier, plaintiff attorney, said the class would contain about 8,000 current and former employees of Wal-Mart.

It can be remembered that Wal-Mart workers in Pennsylvania won a $78.5 million judgment last year for a similar case. The California case also won local workers a $172 million verdict for similar reasons. Wal-Mart though is still on the process of appealing both cases.

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Class action suit on flawed cancer tests

A class action lawsuit has finally been certified by a Newfoundland Supreme Court justice. The lawsuit is brought on by faulty tests involving hundred of breast cancer patients.

Justice Carl Thompson announced the decision Monday at court in St. John’s, giving lawyers the power to bring a suit involving 100 patients together as a group, thus a class-action, rather than litigating the matter separately against the Eastern Health regional authority.

Lawyer Ches Crosbie, who filed the application last year seeking unspecified damages, said he saw Thompson's decision as a victory. He said that there is a possibility of an out-of-court settlement before the matter is brought to court again.

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Securities fraud class-action lawsuit allowed to continue

It has been announced officially by a federal judge that the investor’s claims of securities fraud, cover-up and insider trading involving Nature’s Sunshine Products are legally sufficient, denying the company’s motion to dismiss the April 2006 class-action lawsuit.

The decision was laid down by U.S. District Judge Ted Stewart. This means that the case can now proceed to the discovery phase which would allow representatives for the plaintiffs to gather documents and conduct interviews to build their case. Stewart ruled against the Provo-based supplement maker on all but one issue, limiting the scope of claims to acts that occurred on or after March 15, 2005. Investors insisted the so-called scheme to deceive independent auditors about company financials dated back to April 23, 2002.

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Apple faces class action lawsuit

Apple is being sued for making false claims about the superior display capabilities of its MacBook and MacBook Pro.

The class action suit which was filed by the law offices of Peter Polischuk and Robert Dreher on behalf of a class of plaintiffs, alleges that Apple’s marketing claims such as “a nuanced view simply unavailable on other portables”, “TFT display with support for millions of colors” and Aperture’s “the ultimate photographer’s workstation” are at least in part, constituent of deception and misrepresentation.

The plaintiffs say that instead of adhering to the aforementioned degree of refinement, MacBook and MacBook Pro displays have exhibited grainy or sparkly quality, banding in gradients, and distracting lines of distortion.

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YouTube suit could pass for class-action

Lawsuits are coming if against video-sharing site YouTube, which Google has already bought. The Football Association Premier League and music publisher Bourne have just filed a suit against YouTube for copyright violations.

The complaint, which contains 39 pages, accuses YouTube of “engaging in, permitting, encouraging, and facilitating massive copyright infringement.” The lawsuit also asserts that the presence of large amount of valuable intellectual property generates interest in the website, resulting in public media attention and increased traffic. The huge traffic increases YouTube’s advertising revenues and projected value as a site, platform or destination.

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Blue Cross settles class-action lawsuit

After five grueling years of court battle, the Tennessee Medical Association and Blue Cross Blue Shield of Tennessee have already resolved class action lawsuit over billing and other business practices.

Representatives of the TMA, including more than 900,000 physicians and their medical societies nationwide made the announcement last Friday.

In a statement, TMA said that the provisions of the settlement call for BCBST and other plans to pay more than $128 million to physician-class members. The settlement will also set in motion a series of important business practice changes that will bring the estimated value of the entire settlement consideration to over $1 billion.

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Morgan Stanley wealth management group had gender class action lawsuit settled

An announcement has been made by Morgan Stanley’s Global Wealth Management Group that it has already settled a gender class action lawsuit involving current former women financial advisors and registered trainees.

The terms of settlement, which is subject to the approval of the United States District Court in Washington, D.C, provides that the division will adopt new programs in such areas as account redistribution, training and management development designed to enhance the success of women financial advisors.

Aside from that, the settlement also establishes a way for women financial advisors who believe that they were historically disadvantaged because of their gender to submit monetary claims to a Special Master jointly appointed by the parties. As a result, a whopping US$46 million pool has been established to pay such claims and related costs.

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Class-action lawsuit filed over Bisphenol-A in baby bottles

Five leading manufacturers of polycarbonate (PC) baby bottles face a class-action lawsuit filed in Los Angeles Superior Court. The five makers --- Gerber, Evenflo, Avent, Playtex, and Dr. Brown’s --- are facing a suit filed over the presence of Bisphenol-A (BPA).

According to one laboratory report, potentially dangerous levels of BPA can leak into the contained liquid when the baby bottles are heated. The lawsuit establishes a link between BPA and conditions such as early puberty and possible autism. Though BPA in PC has been considered safe in Europe, it is being deemed dangerous in California.

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Donor offers help to push through EPA lawsuit

In order to help the residents fight the Environmental Protection Agency and two paper chemical companies, an anonymous donor has pledged money to fund a class-action lawsuit.

A landfill located north of Cork Street between Burdick and Portage Roads in the heart of Kalamazoo is a property owned by a paper company and used years ago to dump toxic PCBs. Now, EPA and two paper companies are planning to dump another 4,400 pounds of toxic chemical at the site, forcing neighboring residents to be alarmed.

Since the city has expressed that it is powerless to stop the plan, an anonymous donor offers to give money to the city to help residents file a class-action lawsuit. However, City Commissioner Don Cooney said that the suit should be filed under the state’s nuisance law, making a claim that the trucks and toxic chemicals are so close to the neighborhoods that it would be a nuisance.

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Class-action lawsuit settlement over human tissue samples

To finally settle the class-action lawsuit filed against him over human tissue samples, a former Los Alamos pathologist has agreed to pay $800,000. The samples are said to be taken in secret from hundreds of bodies at Los Alamos Medical Center in a Cold War-era study into radiation.

Dr. Michael Stewart, a former worker at the hospital finally agreed to pay the money to the families of 304 people whose organs were taken for the study. The settlement was approved last week by state District Judge James Hall.

Stewart was part of a program in which pathologists at the hospital provided Los Alamos National Laboratory with human tissue samples from hearts, livers, brains, and other organs. The lawsuit said that the families who signed autopsy release forms were not aware of the study nor were they told the tissue would be given to governments scientists.

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