Clifton Gruhn

Clifton Gruhn

Carlton Fields Jorden Burt

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Supreme Court Confirms That A Notice Of Removal Requires Only A “Plausible Allegation” That The Amount In Controversy Has Been Met

The Supreme Court has held that a notice of removal requires only a “plausible allegation that the amount in controversy exceeds the jurisdictional threshold,” and confirmed that a notice of removal need not include evidence...more

12/19/2014 - Amount in Controversy CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Diversity Jurisdiction Federal Jurisdiction Jurisdiction Removal SCOTUS

Court Denies Motion to Remand, Rejecting Application of Home State and Local Controversy Exceptions to CAFA

The plaintiff filed a putative class action in Pennsylvania state court against two Pennsylvania defendants and one Virginia defendant, claiming that the defendants preyed on non-English speakers, illegally coercing them to...more

11/19/2014 - CAFA Employer Liability Issues Franchise Agreements Home State Exception Putative Class Actions

Correlation Is Not Causation: Class Certification Denied Because Experts’ Methodologies Fail To Show Predominate Antitrust Injury...

A California federal district court denied certification of two nationwide classes, each asserting a price-fixing conspiracy for optical disk drives (“ODD”), because the plaintiffs’ experts failed to provide a viable...more

10/23/2014 - Causation Class Action Class Certification Expert Testimony Expert Witness Medical Devices Technology

Third Circuit Affirms District Court’s Denial Of Certification Of Nationwide Class Of Plaintiffs Alleging Consumer Fraud And...

Plaintiffs alleged in their putative nationwide class action complaint that Quest Diagnostics was liable for consumer fraud, unjust enrichment, and violations of the Fair Debt Collections Practices Act for overbilling...more

9/24/2014 - Billing Class Certification FDCPA Fraud Putative Class Actions Unjust Enrichment

Court Denies Certification Citing Putative Class Representative’s Criminal History

In Dunford v. American Databank, LLC, the plaintiff alleged that the defendant violated the Fair Credit Reporting Act by including within her criminal background report charges that were more than seven years old. The...more

8/28/2014 - Class Certification Criminal Records FCRA Putative Class Actions

Parens Patriae Action By State Attorney General Is Not Removable Under CAFA’s Class Action Provision

A federal district court in Hawaii held that a parens patriae action brought on behalf of the State of Hawaii by its Attorney General was not removable under the Class Action Fairness Act (“CAFA”) because it was not a class...more

8/1/2014 - Attorney Generals Bristol-Myers Squibb CAFA Class Action Parens Patriae Pharmaceutical Pharmaceutical Manufacturers

Lack Of Predominance, Superiority, And Ascertainability Foreclose Mortgagors’ Proposed Class Action Alleging Kickbacks In...

The Central District of California denied certification of a putative nationwide class of mortgagors, holding that numerous individualized issues precludeda finding of predominance, superiority, or ascertainability. In...more

7/3/2014 - Ascertainable Class Escrow Holders Kickbacks Mortgage Escrow Account Predominance Requirement Putative Class Actions RESPA Subsidiaries

Damage Models Create Individualized Issues For Pre-Explosion Subclass Of BP Shareholders, But Present No Impediment For...

The Southern District of Texas recently denied certification of a subclass of BP shareholders who purchased shares prior to the Deepwater Horizon explosion and alleged that misstatements regarding safety improvements caused...more

6/3/2014 - BP Class Action Class Certification Deepwater Horizon Shareholder Litigation Shareholders Stocks

Ninth Circuit Holds On 23(f) Appeal That District Court Abused Its Discretion By Weighing The Merits In Denying Certification

After granting the plaintiffs’ Rule 23(f) petition, the Ninth Circuit reversed a denial of class certification, finding that the district court had improperly weighed the merits of the plaintiffs’ Rule 23(a)(2) commonality...more

5/8/2014 - Amgen Appeals Class Action Class Certification Corporate Counsel FEHA Rule 23(b)(3) Rule 23(f) Wal-Mart

Putative Nationwide Class Of Car Dealers Turns Out To Be A Lemon - Individualized Issues Preclude Certification

The U.S. District Court for the Northern District of Georgia denied plaintiffs’ motion for nationwide class certification because the proposed class did not meet Rule 23’s commonality or predominance requirements. The...more

4/1/2014 - Car Dealerships Class Action Putative Class Actions

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