D. Matthew Allen

D. Matthew Allen

Carlton Fields

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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)

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

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