D. Matthew Allen

D. Matthew Allen

Carlton Fields

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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)

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

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

Rice Capades: Court Certifies a Class of Lead Lawyers Against Defendant Law Firms Who Allegedly Used the Class’s Work Product in...

The Eastern District of Missouri certified an unusual class of lawyers and their clients who undertook a collective effort to litigate claims against Bayer related to the purported “contamination” of the U.S. rice supply by...more

8/10/2015 - Agricultural Land Attorney's Fees Bayer Class Action Class Certification Genetically Engineered Seed GMO Rule 23(b)(3) Trusts

Single Plant Employment Discrimination Class Survives Dukes Challenge

A divided panel of the Fourth Circuit ruled that a South Carolina district court judge improperly applied Wal-Mart Stores, Inc. v. Dukes in decertifying disparate treatment and disparate impact claims challenging promotion...more

5/27/2015 - Class Action Discrimination Dukes v Wal-Mart Hostile Environment Job Promotions Race Discrimination Rule 23 Wage and Hour

Food for Thought: 2014 Litigation Annual Review

Food for Thought reports on significant court decisions affecting the food industry. The focus of this edition is on several food-related cases pertaining to class certification; particularly, on district court decisions...more

2/24/2015 - Advertising Ascertainable Class Ben & Jerry's Blue Diamond Growers Class Action Class Certification Coca Cola ConAgra Dole Food False Advertising FDCA Food Labeling Food Manufacturers Gerber POM Wonderful Preemption Retailers Rule 23 Smuckers

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

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