Alina Alonso Rodriguez

Alina Alonso Rodriguez

Carlton Fields Jorden Burt

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Eleventh Circuit Holds Unaccepted Rule 68 Offer To Named Plaintiffs Does Not Moot A Class Action

The Eleventh Circuit recently held that a defendant may not moot a class action through an unaccepted Federal Rule of Civil Procedure 68 offer of complete relief to the named plaintiffs—but not to class members—before the...more

12/18/2014 - Class Action Class Certification Federal Rules of Civil Procedure Mootness Rule 68

First Circuit Adopts Bright-Line Rule On CAFA Removal Trigger And Broadly Defines Other Paper

The First Circuit Court of Appeals recently held that the thirty-day time period for removal under CAFA is triggered when the plaintiffs’ complaint or plaintiffs’ subsequent other papers provide defendants with sufficient...more

11/17/2014 - Appeals CAFA Class Action CVS Employer Liability Issues Removal Wage and Hour

American Pipe Tolling Inapplicable In Texas Negligent Misstatement Case

The Southern District of Texas found that negligent misstatement claims filed more than two years after the last alleged misstatement were time-barred and that the applicable statute of limitations was not tolled under...more

10/17/2014 - American Pipe & Construction Co. v. Utah BP Deepwater Horizon Gulf Oil Spill Negligent Misrepresentation Tolling

Ninth Circuit Affirms Summary Judgment for Defendant Taco Bell in Putative TCPA Text Message Class Action

The recipient of a text message advertising Taco Bell products sued the company, alleging that the message violated the Telephone Consumer Protection Act’s (TCPA) prohibition on calls to cell phones using an auto-dialer or...more

10/2/2014 - Cell Phones Marketing Prior Express Consent Putative Class Actions Summary Judgment Taco Bell TCPA Text Messages Vicarious Liability

District Court Cleans Up Whirlpool Washing Machine Class Definition

Having requested and obtained certification of a class of consumers who had purchased a number of Whirlpool Duet model washers allegedly susceptible to serious mold problems, Plaintiffs later sought to limit the class so as...more

9/17/2014 - Class Action Mold Litigation Whirlpool Whirlpool v Glazer

Sixth Circuit Affirms Class Certification in TCPA Case

The Sixth Circuit Court of Appeals affirmed class certification in a case brought under the Telephone Consumer Protection Act (TCPA), 47 U.S.C. § 227 et seq. Pennsylvania-based distributor Lake City Industrial Products...more

7/25/2014 - Class Action Class Certification Spam TCPA Unsolicited Faxes

Amended Class Definition That Excludes Putative Class Member Does Not Preclude American Pipe Tolling

The Eastern District of Michigan recently held that certain claims of a putative class member were tolled under American Pipe & Constr. Co. v. Utah., 414 U.S. 538 (1974), even though the named plaintiff had unsuccessfully...more

6/25/2014 - American Pipe & Construction Co. v. Utah Class Action Putative Class Actions TCPA Tolling

Further Affiant Sayeth Naught: The Import Of Personal Knowledge In Class Certification Affidavits

The Eastern District of Virginia weighed in on the split among federal district courts as to whether affidavits in support of or in opposition to motions for class certification must be based on personal knowledge. The...more

4/22/2014 - Class Action Class Certification Equifax

Strategies In Class Action Engagement: Complimentary Roles Of Inside And Outside Counsel

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Inside and outside counsel should have different but complimentary roles in...more

10/14/2013 - Class Action Class Certification Corporate Counsel Litigation Strategies Outside Counsel

Tips For Opening Statements And Closing Arguments

Jury trials are supposed to be a forum within which the parties, represented by competent, professional and zealous counsel, present their positions in a coherent, thoughtful and respectful manner to their fact-finding peers....more

8/14/2013 - Appeals Evidence Jury Trial Litigation Strategies Mistrial Objection Procedures Witness Statements

MDL Panel Weighs In On CAFA’s “Mass Action” Provision

In re : Darvocet, Darvon and Propoxyphere Prods. Liab. Litig., MDL No. 2226, 2013 WL 1635469 (April 17, 2013), the U.S. Judicial Panel on Multidistrict Litigation considered a motion to transfer three action. ...more

6/5/2013 - CAFA Class Action Federal Jurisdiction Removal

Northern District Of Georgia Rejects “Local Controversy” Exception To CAFA Jurisdiction

In Anderson v. King America Finishing, Inc., No. 1:11-cv-2258-JEC, 2013 WL 1213267 (N.D. Ga. March 25, 2013), class action plaintiffs alleged that defendant released a toxic chemical into the Ogeechee River from its...more

6/5/2013 - CAFA Citizenship Class Action Class Certification Manufacturing Facilities Tax Records Toxic Exposure Voter Registration

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