D. Matthew Allen

D. Matthew Allen

Carlton Fields Jorden Burt

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Florida Court Reverses Class Certification Order Based On Outdated Definition Of Unfair Trade Practice

Florida’s Third District Court of Appeal reversed an order certifying a class of Porsche vehicle owners who had their high intensity discharge headlights stolen during the class period. The plaintiffs alleged that the...more

6/18/2014 - Automotive Industry Class Action Class Certification Unfair or Deceptive Trade Practices

Supreme Court Accepts Certiorari In CAFA Removal Case

On April 7, 2014, the Supreme Court accepted certiorari review in Dart Cherokee Basin Operating Company LLC v. Owens, No. 13-719, to resolve a circuit split regarding whether the Class Action Fairness Act requires a removing...more

4/23/2014 - CAFA Class Action Dart Cherokee Basin Operating Co. v. Owens Removal SCOTUS

Strategies In Class Action Engagement: Response To Class Certification

This concludes our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. An order granting class certification is not the end of the battle regarding...more

12/3/2013 - Appeals Class Action Class Certification Complex Litigation Corporate Counsel Interlocutory Appeals Litigation Strategies

Strategies In Class Action Engagement: The Class Certification Hearing

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. The defense team must consider whether the company’s best interests are better...more

11/25/2013 - Class Action Class Certification Complex Litigation Corporate Counsel Evidentiary Hearings Outside Counsel

Strategies In Class Action Engagement: Case Management Considerations

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. It is important to remind the court frequently that the plaintiffs bear the...more

11/18/2013 - Case Management Class Action Corporate Counsel

Strategies In Class Action Engagement: Third-Party Depositions, Part B

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we focus on the uses of expert testimony. The Role of the Expert at the...more

11/11/2013 - Class Action Class Certification Complex Litigation Corporate Counsel Expert Testimony

Strategies In Class Action Engagement: Third-Party Depositions

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here, we begin a discussion of the use of expert testimony. Occasionally,...more

11/4/2013 - Class Action Class Certification Corporate Counsel Discovery Expert Testimony Litigation Strategies Witness Witness Preparation

Strategies In Class Action Engagement: Deposing The Named Plaintiff

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Outside counsel must plan the depositions of the named class representative...more

10/29/2013 - Class Action Depositions

Strategies In Class Action Engagement: Special Discovery Requirements

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. It begins our discussion of aspects of discovery unique to class...more

10/21/2013 - Bifurcation Class Action Discovery Protective Orders

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

Strategies In Class Action Engagement: Focus On Elements That Defeat Predominance

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here we discuss strategies in class action engagement, focusing on elements that...more

10/7/2013 - Class Action Litigation Strategies Predominance Requirement

Strategies In Class Action Engagement: Understand The Nature Of The Claims

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. Here we discuss strategies in class action engagement, focusing on understanding the...more

10/1/2013 - Class Action Class Certification Corporate Counsel Litigation Strategies

Introduction To Strategies In Class Action Engagement

This continues our series of blog posts on effective partnering between inside and outside counsel to defend against class action lawsuits. This post begins our multi-part discussion of strategies in class action engagement....more

9/24/2013 - Class Action Litigation Strategies

Class Actions: Effective Partnering Between Inside And Outside Counsel

The following series of blog posts were excerpted from the class actions chapter of Successful Partnering Between Inside and Outside Counsel, a multi-volume treatise that is a joint project of West and the Association of...more

9/19/2013 - Class Action Complex Litigation Corporate Counsel Litigation Strategies Outside Counsel

Supreme Court Once Again Upholds Class Arbitration Waiver

On June 20, 2013, the United States Supreme Court issued its decision in American Express Co. v. Italian Colors Restaurant, holding that the Federal Arbitration Act (“FAA”) “does not permit courts to invalidate a contractual...more

6/25/2013 - American Express American Express v Italian Colors Restaurant Arbitration Arbitration Agreements AT&T Mobility AT&T Mobility v Concepcion Class Action Class Action Arbitration Waivers Federal Arbitration Act SCOTUS

What Is The Lesson Of Oxford Health Plans v. Sutter?

The Supreme Court today decided Oxford Health Plans LLC v. Sutter. This decision expands the scope of class actions in arbitration....more

6/11/2013 - Arbitration Class Arbitration Oxford Health Oxford Health v Sutter SCOTUS

Breaking News: The Supreme Court Today Accepted Certiorari In Mississippi Ex Rel. Hood v. AU Optronics Corp.

Breaking news: The Supreme Court today accepted certiorari in Mississippi ex rel. Hood v. AU Optronics Corp., Docket No. 12-1036. ...more

5/29/2013 - Certiorari Class Action Parens Patriae SCOTUS

Supreme Court Holds Named Plaintiff Cannot Bind Class To Amount In Controversy Below CAFA Threshold To Avoid Federal Court...

The Supreme Court issued the second decision this term that will impact class action law. The issue in Standard Fire Ins. Co. v. Knowles, No. 11-1450 (March 19, 2013) concerned the common practice of a plaintiff who files a...more

3/19/2013 - Amount in Controversy CAFA Class Action Class Certification Damages Jurisdiction SCOTUS

A “Sea Change” In Florida Law?

The Florida Supreme Court issued in intriguing opinion in Soper v. Tire Kingdom, Inc., No. SC11-1462, which provokes questions about the trajectory of Florida class action law. In Tire Kingdom, the court reversed and...more

1/25/2013 - Class Action Class Certification Commonality

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