Friday, June 3, 2011

FindLaw Class Action Summaries - May 30-June 03, 2011

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Weekly Opinion Summaries
Class Action

May 30-June 03, 2011 FindLaw.com Weekly Class Action Newsletter
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Class Action

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Class Action

United States Ninth Circuit, 06/01/2011
McCollum v. CDCR, No. 09-16404
In a quasi-constitutional challenge to defendant's paid chaplaincy program by a group of Wiccan inmates involving a claim of remuneration by a volunteer chaplain, judgment of the district court dismissing action is affirmed where: 1) lead plaintiff lacked standing; and 2) the court need not exercise jurisdiction over derivative claims. Read more...

United States Ninth Circuit, 06/01/2011
Pakootas v. Teck Cominco Metals, Ltd., No. 08-35951
In a dispute involving a citizen suit jurisdiction under Comprehensive Environmental Response, Compensation, and Liability Act (CERCLA), judgment of the district court denying defendant's motion to dismiss for lack of subject matter jurisdiction is affirmed because the action is not an extraterritorial application of CERCLA where, even though offending smelter was in located in Canada, slag discharged by smelter moved downstream into the United States. Read more...

United States Ninth Circuit, 06/03/2011
Brantley v. NBC Universal, Inc., No. 09-56785
In a class-action for damages and an injunction to compel programmers and distributors of television programming to sell cable channels separately, judgment of the district court dismissing action is affirmed where plaintiffs failed to allege any cognizable injury to competition. Read more...





California Court of Appeal, 06/01/2011
Cal. Restaurant Management Systems v. City of San Diego, No. D056695
In a dispute arising from a governmental claim action, Gov. Code section 810 et seq., seeking a refund for excessive charges on defendant's wastewater system management, judgment of the trial court dismissing action as untimely is affirmed because the quitable tolling principles enumerated in American Pipe does not apply to extend the period within which a claim must be filed under the Government Claims Act. Read more...

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