Please join us for a webinar on the 2024 Carlton Fields Class Action Survey results. Now in its 13th year, the survey offers both a current snapshot and insights over time into management practices and experiences of in-house...more
The 2023 Carlton Fields Class Action Survey provides an overview of important issues and practices related to class action matters and management. The annual publication reports on historical trends captured since the...more
The 2022 Carlton Fields Class Action Survey reveals that companies with class actions are seeing increases in the number of class actions they face at a given time. The current portfolio reveals the highest number of both...more
Class discovery is inherently more limited than normal fact discovery for trial, and litigators understandably approach it in a more narrow fashion than they would trial discovery. The Fifth Circuit recently reminded class...more
The Eleventh Circuit recently imparted an important message to the class action bar, and in particular to attorneys representing different named plaintiffs in competing class actions: there is “only one gatekeeper under Rule...more
A federal court in Massachusetts recently denied class status for a group of individuals caught driving in the fast lane. Finding that the named plaintiff failed to demonstrate typicality and predominance, the District of...more
After receiving a bankruptcy discharge, a borrower whose home is pending foreclosure has two options: stay in the home and, perhaps, make voluntary payments on the mortgage, or leave the home and start fresh. When a debt...more
11/14/2019
/ Bankruptcy Code ,
Class Action ,
Class Certification ,
Class Members ,
Consumer Bankruptcy ,
Debt Collection ,
FCCPA ,
FDCPA ,
Financial Services Industry ,
Foreclosure ,
FRCP 23(b)(3) ,
Homeowners ,
Mortgages ,
Popular ,
Preemption ,
Putative Class Actions ,
Reversal ,
Statutory Violations
A recent class certification opinion may increase the risk of exposure and liability in class actions for businesses that impose fees using specific labels.
In Waste Pro USA v. Vision Construction Ent., Inc., a Florida...more
9/24/2019
/ Appeals ,
Class Action ,
Class Certification ,
Commonality ,
Fee Disputes ,
Fees ,
Hidden Fees ,
Misleading Impressions ,
Predominance Requirement ,
Surcharges ,
Unfair or Deceptive Trade Practices
The Ninth Circuit has issued its much-anticipated decision in a class action against Facebook involving alleged biometric privacy violations, affirming certification of a class. In Patel v. Facebook, the Northern District of...more
9/17/2019
/ Amicus Briefs ,
Article III ,
Biometric Information ,
Biometric Information Privacy Act ,
Class Action ,
Class Certification ,
Data Collection ,
Data Privacy ,
Facebook ,
Facial Recognition Technology ,
Fourth Amendment ,
Interlocutory Appeals ,
Personal Data ,
Personally Identifiable Information ,
Regulatory Violations ,
Social Media ,
Spokeo v Robins ,
Standing
Lin v. Everyday Beauty is an Eastern District of New York decision addressing an issue that has divided district courts in the Second Circuit and elsewhere: Whether a federal court may consider inadmissible evidence when...more
9/10/2019
/ Affidavits ,
Class Action ,
Class Certification ,
Class Members ,
Dukes v Wal-Mart ,
Evidence ,
Evidentiary Rulings ,
Evidentiary Standards ,
FRCP 23 ,
Hearsay ,
Inadmissible Evidence
Bell v. Brockett is an unusual case in several respects. Most notably, the Fourth Circuit affirmed certification of a defendant class, despite acknowledging that defendant class actions are “so rare they have been compared to...more
In a case with potentially nationwide ramifications, the Ninth Circuit reversed a California district court’s decision striking a motion for class certification as untimely, finding the district court’s local rule requiring...more
The District of Columbia district court added to the growing collection of orders opining on whether and to what extent the Supreme Court’s decision in Bristol-Myers Squibb applies to class actions....more
4/19/2018
/ Bristol-Myers Squibb ,
Class Certification ,
Due Process ,
Employer Liability Issues ,
Employment Litigation ,
Gainsharing ,
Grocery Stores ,
Mass Tort Litigation ,
Motion to Dismiss ,
Non-Residents ,
Personal Jurisdiction ,
Putative Class Actions ,
Whole Foods
The Eastern District of New York recently declined to certify a putative class action filed by merchants against the four major credit card providers alleging antitrust violations. ...more
4/3/2018
/ American Express ,
Anti-Competitive ,
Antitrust Litigation ,
Antitrust Violations ,
Ascertainable Class ,
Banking Sector ,
Class Certification ,
Class Representatives ,
Debit and Credit Card Transactions ,
Financial Services Industry ,
Fraudulent Charges ,
MasterCard ,
Putative Class Actions ,
Visa Inc
Federal courts have a continuing obligation to ensure that class action certification remains appropriate throughout the duration of a case. Accordingly, it is well established that if class certification is later deemed...more
The District Court of Idaho recently decertified a title insurance reissue rate class action, finding the initial justifications for class certification have “not withstood the test of time.” Under the Idaho Rate Manual,...more
Using the familiar “reasonable consumer standard” that applies in many jurisdictions regarding allegedly deceptive sales practices, a judge of the Northern District of California recently certified a class action of...more
The Second Circuit recently rejected the “heightened” ascertainability requirement under Rule 23(b)(3), turning aside a challenge to a district court’s certification of a securities fraud class action. Instead, the court...more
A group of plaintiffs hoped to hit the reset button on the Ninth Circuit’s denial of their Rule 23(f) petition to appeal from an order striking class allegations in their case against Microsoft, the maker of the popular Xbox...more
The Second Circuit Court of Appeals recently confronted (again) a situation where a defendant made an offer of judgment to the putative class representative to provide all of the relief available to the individual plaintiff....more
On March 16, 2017, the Southern District of California certified a class action against the manufacturer of gingko biloba and Costco Wholesale Corporation, the seller.
Plaintiff alleged, on behalf of a putative class of...more
The Northern District of California recently denied a motion for class certification in a case against Chevron Corporation connected to a 2012 explosion at a Nigerian natural gas drilling rig and the environmental impacts of...more
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
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
2/17/2017
/ 7-Eleven ,
All Natural ,
Anheuser-Busch ,
Beer ,
Chipotle Grill ,
Class Action ,
Class Certification ,
CLRA ,
Coca Cola ,
Dole Food ,
False Advertising ,
Fast-Food Industry ,
Federal Food Drug and Cosmetic Act (FFDCA) ,
Federal Meat Inspection Act (FMIA) ,
Food and Drug Administration (FDA) ,
Food Labeling ,
Food Manufacturers ,
Food Marketing ,
Food Supply ,
GMO ,
Grocery Stores ,
Injunctive Relief ,
Kraft ,
Lanham Act ,
Manufacturers ,
Monster Energy Drinks ,
Natural Products ,
Nutritional Supplements ,
Personal Care Products ,
PETA ,
Popular ,
Poultry Products Inspection Act (PPIA). ,
Preemption ,
Putative Class Actions ,
Restaurant Industry ,
Slack-Fill Suits ,
Starbucks ,
Unfair Competition Law (UCL) ,
Whole Foods ,
Wine & Alcohol
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