D. Matthew Allen

D. Matthew Allen

Carlton Fields

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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 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)

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

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

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

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: 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: 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: 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

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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