Westlaw Journals weekly round-up

September 18, 2013

Westlaw Journals Weekly RoundupThe new Westlaw Journals blog brings you litigation headlines in over 30 substantive areas of law. Here are some highlights from the past week:

Judge rejects copycat wage suit against supermarket chain: A California federal judge has denied plaintiffs’ request for discovery and dismissed a proposed class action alleging wage-law violations against WinCo Foods, noting that he dismissed a nearly identical suit in 2011 against the supermarket chain filed by the same attorneys. U.S. District Judge Charles R. Breyer of the Northern District of California ruled Aug. 1 that the allegations made and the requested discovery already were presented to the court in the previous suit. (Employment)

BMW’s ‘defective’ tires leave consumers flat, suit says: BMW of North America sold cars with defective wheels and refused to honor its own warranty for the necessary repairs, according to a July 13 class-action lawsuit in California federal court. Barry Jekowsky filed suit in the U.S. District Court for the Northern District of California on behalf of himself and other California owners and lessors of 2007-2012 BMW Z4 models equipped with the allegedly defective alloy wheels. (Automotive)

Delaware high court says fraud exemption can’t revive Countrywide suit: Bank of America Corp.’s 2008 rescue merger with Countrywide Financial Corp. left Countrywide investors without shareholder standing to continue their derivative suit against its officers and they can’t use Delaware’s “fraud exemption” to revive it, the state’s highest court has ruled. In an en banc opinion on a first-impression issue, the Delaware Supreme Court unanimously ruled Sept. 10 that the Countrywide shareholders didn’t prove that their case was an exception to the state’s “no stock, no standing” rule because they lacked proof that the merger’s main purpose was to kill their suit. (Delaware Corporate)

Judge snuffs out bid for class certification in light-cigarette case:
A lawsuit claiming that Philip Morris duped consumers into believing its light cigarettes were safer than their full-flavored counterparts cannot proceed as a class action, a Wisconsin federal judge has decided. U.S. District Judge Lynn S. Adelman of the Eastern District of Wisconsin denied class certification Aug. 8, finding that members of the proposed plaintiff class did not have enough in common since some smokers probably purchased the cigarettes without believing they were safer. (Tobacco Industry)