D. Matthew Allen

D. Matthew Allen

Carlton Fields

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Mortgage Servicer Defeats Class Certification Over Collection Practices Allegedly Targeting Discharged Mortgage Debts

The Middle District of Florida recently denied a plaintiff’s motion for class certification concerning claims that a collection agency illegally and intentionally sent collection correspondence to mortgagees whose debts...more

2/24/2017 - Banking Sector Class Action Class Certification Consumer Bankruptcy Debt Collection Financial Services Industry Mortgage Servicers Mortgages Putative Class Actions

What are Interim Class Counsel and When Should They be Appointed?

Even before certification of a class under Rule 23(a)-(b), the district court has authority to appoint “interim counsel” under Rule 23(g)(3) “to act on behalf of a putative class before determining whether to certify the...more

2/10/2017 - Class Action Class Certification Putative Class Actions Rule 23

TCPA Class Certified Based Largely on “Concrete Injury” Determination

Following the United States Supreme Court’s decision in Spokeo Inc. v. Robins, 136 S. Ct. 1540, 1549 (2016) – which held that Article III standing requires a concrete injury, even when an injury has otherwise been established...more

2/9/2017 - Article III Class Action Class Certification Corporate Counsel FRCP 23(b)(3) Injury-in-Fact Invasion of Privacy Robocalling Rule 23 Spokeo v Robins Standing TCPA Telecommunications

Judge Gorsuch on Class Actions

On January 31, President Trump announced that Judge Neil Gorsuch of the Tenth Circuit Court of Appeals would be nominated for the United States Supreme Court. We took a look at those opinions authored by Judge Gorsuch on the...more

2/6/2017 - Abuse of Discretion Article III Attorney Generals BP CAFA Class Action Judicial Appointments Justice Scalia Neil Gorsuch Nominations Rule 23(b)(2) SCOTUS Sherman Act Standing Trump Administration

Ohio Court Compels Plaintiffs to Respond to Interrogatories Regarding the “Contours” of the Putative Class

In a reversal of the usual scenario where a plaintiff seeks and a defendant resists class discovery, the Southern District of Ohio granted a defendant’s motion to compel answers to its interrogatory regarding who was included...more

1/30/2017 - Banking Sector Class Action Class Certification Credit Unions Discovery Interrogatories Motion to Compel Punitive Damages RESPA Reversal Work-Product Doctrine

No, Yes, or Back to State Court? Three Circuits Address Standing in Statutory “No Injury” Class Actions

In Spokeo, the Supreme Court declined to answer the certified question of whether a plaintiff suing for violation of a federal statute satisfied Article III’s standing requirement by alleging no concrete injury as a result of...more

1/26/2017 - Article III Cable Communications Protection Act (CCPA) Cable Operators Class Action Class Certification Customer Information FCRA IKEA Injury-in-Fact Personally Identifiable Information Song-Beverly Credit Card Act Spokeo v Robins Standing Time Warner

Eleventh Circuit Clarifies CAFA Jurisdiction Continues After Dismissal of Class Claims

On November 22, the Eleventh Circuit clarified that Class Action Fairness Act (CAFA) jurisdiction is not eliminated when the class claims are dismissed before the class is certified. The plaintiff, an Alabama trucking...more

12/7/2016 - Article III CAFA Class Action Class Certification Jurisdiction Oil & Gas Settlement Standing Subject Matter Jurisdiction Transportation Industry Trucking Industry

Divergent Views on Class Discovery

In two recent cases, California and Florida district courts reached divergent views on whether to permit wide-ranging class discovery prior to a certification decision. Interestingly, both decisions involved Ocwen companies....more

12/7/2016 - Class Action Class Certification Consumer Bankruptcy Debt Collection Discovery Internal Communications Motion to Compel RICO Tax-Free Spin-Offs

California Court Rejects Attempt to Overturn Judgement Based on Spokeo

A defendant who lost a bench trial in a certified class case alleging that it violated the Electronic Funds Transfer Act by forcing the plaintiff and class to use electronic funds transfer services to obtain loans sought to...more

12/7/2016 - Article III Banking Sector CashCall Class Action Consumer Lenders EFTA EFTs Fees Loans Spokeo v Robins Standing

California Court Applies Strict Scrutiny to Reject Uber Class Settlement

A Northern District of California judge refused to preliminarily approve a class settlement of Uber customers who used its “Rideshare Services” in which Uber would have paid class members $28.5 million. The court was...more

9/15/2016 - Class Action Settlement Sharing Economy Transportation Industry Uber

Ninth Circuit Affirms Certification of “No Injury” Wage and Hour Class

On August 31, the Ninth Circuit continued its trend of certifying “no injury” classes, this time in the context of an Agricultural Workers’ Protection Act claim that a Washington state fruit and vegetable farm violated the...more

9/15/2016 - Agricultural Workers Class Action Corporate Counsel Farms Foreign Workers Migrant Workers Seasonal Workers Temporary Employees Wage and Hour

Disgruntled Timeshare Owner’s Bid for Class Arbitration Thwarted

On August 30, the Northern District of California thwarted a disgruntled timeshare owner’s attempt to arbitrate her dispute against a timeshare developer on a classwide basis. A timeshare purchaser alleged that Wyndham, the...more

9/14/2016 - Arbitration Class Action Class Action Arbitration Waivers Declaratory Judgments Motion to Compel Residential Real Estate Market Timeshare Wyndham

Lawyers Sanctioned for Seeking to Settle Federal Court Class Action in State Court

Lawyers seeking to settle class actions pending in federal court by dismissing and refiling in state court beware! In two recent orders, a federal judge in the Western District of Arkansas ruled that the attorneys...more

8/16/2016 - Attorney's Fees CAFA Class Action Order to Show Cause Rule 11 Sanctions Settlement Young Lawyers

Tendering Funds to Support Unaccepted Offer of Judgment Still Does Not Moot Case

On July 6, the Sixth Circuit addressed a question apparently left open by the Supreme Court in its recent Campbell-Ewald case.  In Campbell-Ewald, the Supreme Court ruled that an unaccepted Rule 68 offer of judgment did not...more

7/19/2016 - Campbell Ewald v Gomez Class Action Class Certification Mootness Rule 68 TCPA

A Tale of Two Decertification Motions

The Seventh and Eighth Circuits both addressed motions to decertify classes the week of July 5—with divergent results.  These cases illustrate the deference afforded district courts’ class certification determinations.  Both...more

7/19/2016 - Abuse of Discretion Burden of Proof Class Action Class Certification Eighth Amendment Fourteenth Amendment Hiring & Firing Predominance Requirement Prisoners Termination WARN Act

Southern District of California Rejects Coupon Class Settlement

The Southern District of California rejected a pre-certification class settlement because it provided for an inadequate coupon payment and a tenuous cy pres award, and included a clear sailing attorney fee provision....more

5/19/2016 - Attorney's Fees Class Action Cy Pres Funds Rule 23 Settlement

Supreme Court Steers Clear of Consumer Standing Issue in Spokeo

The Supreme Court has issued its long-awaited decision in Spokeo v. Robins. By a 6-2 vote, the Court reversed the Ninth Circuit decision that a class plaintiff who suffered no actual damages had standing to sue. But it did...more

5/17/2016 - Article III Class Action FCRA Injury-in-Fact SCOTUS Spokeo v Robins Standing

The Amount-in-Controversy Requirement Presents an “Obstacle” to CAFA Removal

In Pazol v. Tough Mudder Inc., No. 15-1640, — F.3d —-, 2016 WL 1638045 (1st Cir. Apr. 26, 2016), the First Circuit analyzed the “reasonable probability” standard that a defendant must satisfy to support CAFA’s $5 million...more

5/17/2016 - Amount in Controversy CAFA Class Action Putative Class Actions Removal

SCOTUS Denies Review Regarding Pennsylvania Wal-Mart “Rest Break” Class Judgment

On April 4, the United States Supreme Court denied certiorari review of a $188 million class-action judgment returned against Wal-Mart in Pennsylvania state court and later upheld by the Pennsylvania Supreme Court regarding...more

4/19/2016 - Certiorari Class Action Dukes v Wal-Mart Rest and Meal Break SCOTUS Trial-by-Formula Wage and Hour Wal-Mart

Southern District of California Diffuses Hairdryer Class

The Southern District of California decertified a nationwide consumer product class due to material differences between the state laws applicable to the claims. The plaintiff in Czuchaj v. Conair Corp. alleged a defect in...more

4/14/2016 - Class Action Class Certification Consumers Legal Remedies Act Implied Warranties Magnuson-Moss Act Product Defects Rule 23(b)(2) Rule 23(b)(3)

For Want of a Damages Model, Certification Was Lost

Khasin v. R. C. Bigelow, Inc., No. 12-CV-02204-WHO, 2016 WL 1213767 (N.D. Cal. Mar. 29, 2016), provides a recent example of a class-certification denial premised on the “damages model” rule expressed in Comcast Corp. v....more

4/13/2016 - Class Certification Comcast v. Behrend Corporate Counsel False Advertising Predominance Requirement Putative Class Actions Rule 23(b)(3)

A Tale of Two Orders: Different Results for Motions to Strike Class Allegations

The Southern District of California and the Northern District of Illinois recently entered orders addressing motions to strike class allegations—with very different results for the respective defendants. Although the claims...more

4/13/2016 - Class Action Class Members Ford Motor Loan Modifications Mortgage Lenders Motion To Strike Truth in Lending Act (TILA)

Reverse Cycle! Eleventh Circuit Reverses “Smelly Washing Machine” Class Certification Due to Outmoded Standard

In the latest class action involving front-loading washing machines, the Eleventh Circuit reversed the certification of two statewide Texas and California classes of purchasers contending that the front door seal on early...more

3/23/2016 - Abuse of Discretion Butler v Sears Class Action Class Certification Predominance Requirement Product Defects Whirlpool

Sample This! Tyson Employee Class Wins Significant but Narrow Supreme Court Victory

Tyson Foods lost its bid to overturn an almost $3 million class action judgment against it in a case brought by workers at an Iowa pork-processing factory who contended they did not receive overtime pay for time spent...more

3/22/2016 - Class Action Corporate Counsel Doffing Donning FLSA Rule 23 Tyson Foods v Bouaphakeo Unpaid Overtime Wage and Hour Wal-Mart

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