USLegal Reporter

A former Starbucks employee in Minnesota filed a class-action lawsuit against the coffee corporation on Thursday. The lawsuit alleges Starbucks violated a state law by denying its employees full gratuities.

Earlier this week, a Massachusetts man who worked as a coffee bar server for Starbucks also filed a lawsuit against the corporation over tips. Hernan Matomoros claims he was required to share tips with his supervisors. His attorney alleges the practice was a violation a state law that “prohibits managerial employees from sharing tips reserved for waiters and other employees who can legally be paid below the minimum wage.” Matamoros is seeking to have the case certified as a class-action lawsuit.

Last week, a California judge ordered Starbucks to pay baristas in that state more than $100 million in back tips and interest in a related case which received class-action status. Starbucks says it will appeal the California ruling.

Sources: http://www.timesargus.com/apps/pbcs.dll/article?AID=/20080328/NEWS02/803280366,

http://biz.yahoo.com/iw/080327/0380628.html
 

Although it is claiming no wrongdoing, Airborne Health Inc., maker of herbal cold fighting drugs, agreed to a $23.3 million class action settlement after being accused of false advertising. The settlement includes offering refunds to consumers who bought the products.

Airborne was first sued in 2006 after a news report revealed that its clinical testing trials were not conducted by scientists or physicians. The Center for Science in the Public Interest (CSPI) joined the lawsuit in 2007 and the Federal Trade Commission, along with state attorney generals commenced an investigation of the company’s advertising.

According to the CSPI, no evidence exists to support Airborne’s claims that its products prevent colds by boosting the immune system. Airborne will begin specific advertising regarding how consumers can receive their refund. The settlement will not be finalized until a hearing on June 16.

Source: http://money.cnn.com/2008/03/04/news/companies/airborne_settlement/?postversion=2008030413; http://www.airbornehealthsettlement.com/

A federal judge in Washington state on Friday granted permission to expand a lawsuit filed by two consumers against Microsoft over a Vista operating system marketing campaign. The consumers say Microsoft was misleading when it sold them a Windows XP personal computer labeled “Vista Capable.”

According to the complaint filed, these PCs could only support a stripped down version of Vista.

Microsoft had asked a judge to dismiss the complaint last year. Instead, Judge Marsha Pechman has now opened up the lawsuit to include all potential consumers who purchased the Windows XP PC advertised as “Vista Capable.”

Source: http://www.informationweek.com/news/showArticle.jhtml?articleID=206900043

The US Court of Appeals for the Second Circuit today dismissed an appeal brought by more than three million plaintiffs who suffered from exposure to Agent Orange and other chemicals during the Vietnam War. The plaintiffs had filed a class action lawsuit against dozens of US chemical companies claiming they had committed war crimes by making the products which were later used on humans.

In 2005, a federal judge dismissed the lawsuit ruling that Agent Orange was used to protect US troops from ambush and not as weapon against people. The Court of Appeals affirmed this ruling.

The case is Vietnam Association for Victims of Agent Orange/Dioxin v. Dow Chemical Co., # 05-1953-cv.

Sources: http://www.chron.com/disp/story.mpl/ap/fn/5562863.html

http://www.ca2.uscourts.gov:8080/isysnative/RDpcT3BpbnNcT1BOXDA1LTE5NTMtY3Zfb3BuLnBkZg==/05-1953-cv_opn.pdf#xml=http://www.ca2.uscourts.gov:8080/isysquery/irl50d9/3/hilite

The United States Supreme Court today rejected an appeal by Enron shareholders who sought to sue investment banks that put together deals for the fallen energy giant.

This effectively ends a $40 billion class action lawsuit. Shareholders have already agreed to $7.2 billion in settlements.  

The Court declined to hear the Enron case without comment. However, last week it ruled in an unrelated case with similar legal questions. In the Stoneridge case, the Court  held 5-3 that shareholders could not sue third parties, such as banks or accountants in securities fraud cases, unless investors relied on them  when making investment decisions.

The case is the Regents of the University of California v. Merrill Lynch Pierce Fenner & Smith Inc., 06-1341.

Sources: http://www.chron.com/disp/story.mpl/front/5474607.html 

http://money.cnn.com/news/newsfeeds/articles/djf500/200801221340DOWJONESDJONLINE000750_FORTUNE5.htm

http://www.supremecourtus.gov/opinions/07pdf/06-43.pdf

On Wednesday, the final day for Hurricane Katrina victims to file suit against the government, the Fifth Circuit U.S. Court of Appeals held that Louisiana Attorney General, Charles Foti, could not bring an action against the U.S. Army Corps of Engineers on behalf of victims without legal representation.

A recent district court order appointed Foti guardian ad litem for 350,000 unrepresented victims with tort claims against the government under the Admiralty Extension Act and the Federal Tort Claims Act resulting from flooding. Foti filed the lawsuit on Wednesday prior to the Fifth Circuit granting the government’s writ of mandamus and vacating the order of appointment. According to the Fifth Circuit, U.S. District Judge Stanwood Duval did not have the authority to make such an appointment.

Duval’s previous ruling in February that the U.S. Corps of Engineers could be held liable for flooding allegations spurred a lawsuit claiming the dredging of a canal caused most of the city’s flooding. The U.S. Corps of Engineers argued that it has immunity under the 1928 Flood Control Act and that the canal did not cause significant flooding.

Source: http://jurist.law.pitt.edu/paperchase/2007/08/fifth-circuit-blocks-louisiana-ag-class.php

A federal lawsuit has been filed against Apple Computer, Inc. for putting too much information about its customers on store receipts. The lawsuit was filed in Miami on Wednesday. Plaintiffs say that Apple printed more than the last five digits of their credit cards and/or credit card expiration dates on its receipts in violation of the Fair and Accurate Credit Transaction Act (FACTA). This act was passed by Congress in 2003 with the aim of preventing identity theft and reducing credit card fraud.

Plaintiffs also allege that receipts contained their full name, their home address, phone number, and email address which also exposed them to greater risk of identity theft. They are seeking statutory and punitive damages.

Sources: http://www.lot49.com/pdf/apple_fcra.pdf, http://www.informationweek.com/news/showArticle.jhtml?articleID=201311228

A three-judge panel of the 5th U.S. Circuit Court of Appeals ruled today that hurricane Katrina victims whose homes were destroyed when levees broke are not entitled to coverage under their homeowner insurance policies. The policies contained exclusions for coverage of water damage due to flooding.

The decision overruled a lower court decision that found the insurance policies’ exclusions were ambiguous, since they didn’t distinguish between flooding due to acts of God and those caused by man. The appeals panel found the distinction between the cause of flooding irrelevant and found the policies to clearly exclude all water damage due to flooding. Today’s ruling is expected to save insurers $1 billion.

Source:

http://www.msnbc.msn.com/id/20093139/

Two veterans groups filed a class action lawsuit today against the Department of Veterans Affairs alleging long delays in medical treatment. The military personnel fought in conflicts in Iraq and Afghanistan.

Their lawsuit says the Department of Veterans Affairs is is unable to process disability benefits and other medical claims with a current backlog of more than 600,000 cases. It also charges the VA Department with being unable to deal with a growing number of post-traumatic stress disorder cases. 

Source: http://www.reuters.com/article/topNews/idUSN2336125120070723 

The Humane Society of the United States filed its first ever class action lawsuit on Monday against a Florida pet dealer who the organization alleges sells sick puppies to customers. The lawsuit seeks relief on behalf of anyone who bought a dog from Wizard of Claws pet store in the last four years. Among the charges is that Wizard of Claws misrepresented to its customers the origin of the puppies and that the pet store sold dogs from puppy mills that had serious health problems and genetic defects.  The total number of plaintiffs is said to be more than 100 individuals from Florida and other states.

“This case highlights a nationwide epidemic of greed and deception in the puppy mill industry,” said Jonathan Lovvorn, vice president of animal protection litigation for The HSUS. “Pet stores and dog dealers like Wizard of Claws reap huge profits by pushing sick and dying animals on the public every day.  It is long past time for a reckoning.”

This is the first lawsuit organized by the Humane Society in its 53 year history. 

 Sources: http://www.hsus.org/press_and_publications/press_releases/lawsuit_wizard_of_claws.html 

http://www.miamiherald.com/467/story/144068.html