Christine Stoddard

Christine Stoddard

Carlton Fields

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A Not-So-Modest Proposal: Class Action Changes Could Have Big Impact

Like many things these days, the legal landscape is changing. One target is class action litigation. Some important new proposals have the potential to dramatically alter class actions in the near future. In particular, these...more

3/16/2017 - Bad Faith Class Action Class Certification Corporate Counsel FRCP 23(b)(3) Notice Requirements Objections Pending Legislation Rule 23 Young Lawyers

No Love For Proposed Consumer Class Settlements

Two consumer class actions recently hit a roadblock when courts denied final approval for class settlements. In In re Target Consumer Data Security Breach, the U.S. District Court for the District of Minnesota preliminarily...more

2/14/2017 - Attorney's Fees Class Action Class Certification Data Breach Gaming Qualified Settlement Funds Retail Market Settlement Sony Target Technology Video Games

Circuit Court Gives Red Light to TruGreen’s Motion to Compel Arbitration

The Sixth Circuit recently reversed a decision by the District Court for the Western District of Tennessee ordering arbitration in a putative class action lawsuit. Plaintiff brought a lawsuit against her lawn care services...more

1/27/2017 - Arbitration Class Action Do Not Call List Motion to Compel Putative Class Actions TCPA Telemarketing

Back to the Future: 2017 [Expect Focus Life Insurance – December 2016]

- Should Your Company Purchase Bitcoin to Pay a Cyber Ransom? - NAIC Draws Line in CFPB Sandbox - NAIC’s Big Data Task Force Sets Charges for 2017 - Broker-Dealers Can Hold Customers’ Initial Checks...more

1/9/2017 - Annuities Big Data Bitcoin Broker-Dealer CFPB Cross-Selling Cybersecurity Digital Currency Dodd-Frank FINRA FinTech Insurance Industry Life Insurance NAIC OCC Prudential Insurance Ransomware SEC STOLI Trump Administration Usury Virtual Currency

FINRA Focus on Cybersecurity Continues

On November 14, the Financial Industry Regulatory Authority (FINRA) imposed a $650,000 fine against Lincoln Financial Securities Corporation (Lincoln Financial) for its failure to implement adequate data security measures to...more

1/6/2017 - Cybersecurity Data Breach Data Security Financial Sector FINRA Hackers

Ninety-Nine Problems but a Breach Ain’t One: Cybersecurity Lessons for Insurers

In the movie WallStreet , the character Gordon Gekko famously states that information is the most valuable commodity he knows. These days, the same could be said of data, which can now be bought, sold, and, increasingly,...more

10/28/2016 - Cyber Attacks Cyber Crimes Cyber Insurance Cybersecurity Data Breach Data Privacy Data Protection Data Security Hackers Insurance Industry NAIC

Third Circuit Creates Framework for Analyzing Numerosity

The Third Circuit recently vacated class certification, granted by the Eastern District of Pennsylvania after nearly a decade of litigation, in an antitrust case alleging that a pharmaceutical company entered into agreements...more

9/29/2016 - Anti-Competitive Antitrust Litigation Antitrust Violations Class Action Class Certification Comcast v. Behrend FRCP 23(b)(3) Generic Drugs Patents Pay-For-Delay Pharmaceutical Industry Pharmaceutical Patents Predominance Requirement Prescription Drugs Vacated

Third Circuit Rejects Inflated-Value Theory of Damages, Declines to Certify Law School Tuition Class

The Third Circuit recently affirmed the denial of class certification in a suit alleging that a law school made misrepresentations about the employment status of its graduates, thereby inducing students to pay inflated...more

9/1/2016 - Class Action Class Certification Consumer Fraud Damages Educational Institutions Fraud-on-the-Market Gainful Employment Law School Misrepresentation Rule 23(b)(3) Students Targeted Employment Area Tuition Young Lawyers

Illinois District Court Holds CAFA and Diversity Both Provide Federal Jurisdiction Over Class Actions

The Southern District of Illinois recently confirmed that traditional diversity jurisdiction and jurisdiction under the Class Act Fairness Act (CAFA) provide two separate means of obtaining federal jurisdiction over class...more

6/1/2016 - CAFA Class Action Diversity Jurisdiction Federal Jurisdiction Jurisdiction Putative Class Actions

The Future of Class Actions: The Impact of Justice Scalia’s Death on Upcoming Rulings

There is no doubt that the death of Supreme Court Justice Antonin Scalia will have major repercussions on Supreme Court jurisprudence. A 30-year veteran of the Court, Justice Scalia was known for his originalist positions and...more

4/26/2016 - AT&T Mobility v Concepcion Barack Obama Class Action Class Certification Comcast v. Behrend Corporate Counsel Dukes v Wal-Mart Justice Scalia Merrick Garland Microsoft v Baker Rule 23 SCOTUS Spokeo v Robins Tyson Foods v Bouaphakeo Young Lawyers

2015 Food Industry Decisions With Bite

Food for Thought is a review of significant court decisions affecting the food, beverage, dietary supplements and personal care products industry. Although many cases in this edition focus on class certification, others...more

2/15/2016 - Ascertainable Class CAFA Chobani Inc Class Action Class Certification ConAgra Dietary Supplements FDCA Food Contamination Food Labeling Food Manufacturers Natural Products Ocean Spray Organic Preemption Rule 23(b)(3) Standing

No Party for IRS: Court Certifies Class of Conservative Nonprofits

If you thought that the political controversy over alleged IRS targeting of Tea Party organizations was confined to the media, think again – the issue has reached the courts. The Southern District of Ohio recently granted...more

2/2/2016 - 501(c)(3) 501(c)(4) Class Certification IRS Political Affiliation Rule 23 Tax Exemptions Tea Party

Court Allows Class Member Self-Identification Where Employer Failed to Retain Records

The Northern District of California recently certified a class of employees in an action against an auto parts store for failure to reimburse expenses. Plaintiff alleged that the defendant required certain management-level...more

1/14/2016 - Class Action Class Certification Conflicts of Interest Recordkeeping Requirements Reimbursements

California District Court Certifies Classes of Fixed Index Annuities Purchasers

The Southern District of California recently certified California and multistate classes of annuities purchasers in a case challenging the allegedly abusive design, execution, and pricing of fixed index annuities (FIA). The...more

12/9/2015 - Annuities Breach of Contract Class Certification Fiduciary Duty Fraud Rule 23(b)(3) Unfair Competition

Second Circuit’s Policy Language Interpretation Leaves Insurer Down in the Dumps

So this dump truck can’t make it through an overpass on I-90; the crash knocks the dump box off the truck and into the road. Five minutes later (or 30 seconds, if you believe some people), along comes Mr. Itzkowitz, with his...more

11/23/2015 - Auto Insurance Denial of Insurance Coverage Insurance Industry Insurance Litigation Liability Insurance

Defects More Than Cosmetic: Beauty Product Purchasers Fail to Satisfy Rule 23

The Southern District of New York recently denied class certification in a consolidated putative class action against a cosmetics company for breach of contract, false advertising, unfair competition, deceptive acts and...more

10/19/2015 - Avon Breach of Contract Class Action Class Certification Cosmetics False Advertising Putative Class Actions Rule 23 Unfair Competition Unfair or Deceptive Trade Practices

First Circuit Holds an Unaccepted Rule 68 Offer Made Prior to Class Certification Won’t Moot Plaintiff’s Claims. Will Supreme...

The First Circuit recently joined the Second, Fifth, Seventh, Ninth, and Eleventh Circuits in holding that a Rule 68 offer made prior to class certification and rejected by plaintiff does not moot the plaintiff’s claim. The...more

9/11/2015 - Campbell Ewald v Gomez Class Action Class Certification Educational Institutions Genesis HealthCare Genesis Healthcare Corp. v. Symczyk Jurisdiction Privacy Laws Putative Class Actions Right to Privacy Rule 68 SCOTUS TCPA Unsolicited Faxes

Internet Savvy Senior Lacks Standing to Bring Website Privacy Putative Class Claims Against AARP

The United States District Court for the District of Columbia recently dismissed a putative class action alleging that AARP violated its website privacy policy by allowing Facebook and Adobe to collect personal information...more

8/20/2015 - AARP Adobe Article III Breach of Contract Class Action Consumer Protection Act Data Collection Facebook Personally Identifiable Information Privacy Policy Putative Class Actions Standing Websites

Ninth Circuit Finds Bonus Indexed Annuity Delivers Exactly What was Promised

Observing that it "delivered precisely what it promised," the Ninth Circuit Court of Appeals recently affirmed summary judgment for an insurer in a case alleging violations of the Racketeer Influenced and Corrupt...more

6/17/2015 - Annuities Corruption Fiduciary Duty Insurance Industry Life Insurance Racketeering RICO S&P Summary Judgment

Does Rule 23(e) Require that Settlement Class Members Receive Notice of Modification to Cy Pres Remedy?

The United States District Court for the District of Columbia recently held that a modification to a settlement agreement was not subject to the procedural protections of Federal Rule of Civil Procedure 23(e) because it would...more

5/27/2015 - Class Action Cy Pres Funds Department of Agriculture Indigenous Peoples Modification Native American Issues Rule 23

Eleventh Circuit Holds That Defendant Cannot Be Precluded From Asserting Its Arbitration Rights Against Future Class Members

The Eleventh Circuit recently held that a district court lacked jurisdiction to determine, pre-certification, that a defendant’s waiver of its right to compel named plaintiffs to arbitrate their claims precluded it from...more

5/4/2015 - Arbitration Banking Sector Class Action Arbitration Waivers Federal Arbitration Act Jurisdiction Preemption Putative Class Actions

Third Circuit to Plaintiffs’ Bar: Expert Testimony Necessary for Certification Must Satisfy Daubert

Plaintiff purchasers of traditional blood reagents, products that test the compatibility of donor blood with recipients, brought putative class actions claiming that two defendant companies conspired to fix prices in...more

4/23/2015 - Class Action Clinical Laboratories Daubert Standards Expert Testimony Federal Rules of Civil Procedure Price-Fixing Rule 23

Trademarks in Cuba, Successful Whistleblowers, Big Data, Health Care Encryption, Jury Instruction Tips [Expect Focus – Vol. 1,...

IN THE SPOTLIGHT · Is your Company Ready to Comply with Encryption of Individually Identifiable Health Information? LIFE INSURANCE · STOLI Schemers Must Make Good on Damages Caused · At the State Level, Is a Fixed-Index...more


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