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Customer's voluntary payment of service fees precludes claim against Cingular Wireless

From recent issues of Class Action Law Monitor

The U.S. District Court for the Western District of Washington granted the defendant's motion for summary judgment, concluding that the plaintiff's challenge to the defendant's assessment of fees for cellular telephone phone service failed because the plaintiff voluntarily paid the fees each month.

Failure to plead claims sufficiently warrants dismissal of action against Home Depot

From recent issues of Class Action Law Monitor

The Third U.S. Circuit Court of Appeals affirmed the dismissal of a complaint, finding that the plaintiff failed to plead fraud with particularity and failed to allege that the defendant engaged in an unlawful practice to state a claim under the New Jersey Consumer Fraud Act (NJCFA).

Order granting preliminary approval of proposed settlement agreement vacated

From recent issues of Class Action Law Monitor

The U.S. District Court for the Northern District of Illinois, on a motion for reconsideration by one group of plaintiffs, vacated its preliminary approval of a settlement reached by the defendant and another class of plaintiffs because the settlement was unreasonably low in value. The district court also remanded the case for lack of jurisdiction, finding that an exception to the Class Action Fairness Act (CAFA) applied.

Possibility of higher individual recovery does not require denial of class certification

From recent issues of Class Action Law Monitor

Rejecting the defendant's argument that the requirements of adequacy of class counsel and superiority were not satisfied, the U.S. District Court for the Southern District of New York certified a class action challenging a debt collection practice.

Plaintiffs denied leave to amend complaint against Capital One

From recent issues of Class Action Law Monitor

The U.S. District Court for the Northern District of California denied the plaintiff's motion to file a third amended complaint where amendment would be futile and result in prejudice to the defendant.

Apple backdating suit dismissed for lack of loss causation and as derivative suit

From recent issues of Securities Class Action Reporter

The U.S. District Court for the Northern District of California dismissed a securities fraud class action based on alleged stock options backdating, finding that the suit was derivative in nature and failed to allege loss causation.

$5.5 Million settlement of securities fraud class action granted final approval

From recent issues of Securities Class Action Reporter

The U.S. District Court for the Southern District of New York granted final approval of a $5.5 million cash settlement of a securities fraud class action, finding that the settlement was fair, adequate and reasonable.